Marr, Ox'x v. M'Cullough
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa county exercising Chancery jurisdiction. Bill to charge an executor for a legacy alleged to have been improvidently paid.
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Error to the Circuit Court of Tuscaloosa county exercising Chancery jurisdiction. Bill to charge an executor for a legacy alleged to have been improvidently paid. On the first day of’ March, eighteen hundred and thirty-four, James McCullough, of the county aforesaid, administrator, Ae bonis non, of the estate of Benjamin Franklin Spencer, deceased, who died intestate, in ■ said county, on the first day of February, eighteen hundred and thirty, came, and filed his bill against Nancy Gr. Marr, executrix of the last will and testament of William M. Marr, deceased, which bill stated : That, on…
1Opinion of the CourtCollier, C. J.
The questions arising in this case are—
First. Does the bequest of one thousand dollars by the will of John Spencer, senior, to Ms executors in trust, to be paid to the intestate of the defendant in error, when the executors “ shall be thoroughly satisfied that he will prudently manage the same,” with the direction of the payment annually of interest thereon, in the meantime, pass a vested legacy 1
Second. Does the proof in the cause establish a payment by the plaintiff’s testator to the defendant’s intestate in his lifetime. If it does, can the defendant coerce a second payment, though the…
2Cited by15 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Brizendine v. American Trust & Savings BankSupreme Court of Alabama · 1924
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