Alexander v. Bates
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before tire Hon. W. H. Tayloe. Miss Susan E. Rouse died on September 7th, 1891, leaving a last will and testament. In this will Frederick (1. Bromberg was nominated as executor. . As such executor he filed the will in the probate court of Mobile county for probate. There was a contest of .the probate of the will instituted, but it was subsequently dismissed.
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Appeal from the Chancery Court of Mobile. Heard before tire Hon. W. H. Tayloe. Miss Susan E. Rouse died on September 7th, 1891, leaving a last will and testament. In this will Frederick (1. Bromberg was nominated as executor. . As such executor he filed the will in the probate court of Mobile county for probate. There was a contest of .the probate of the will instituted, but it was subsequently dismissed. Theodore C. Bates, Martha Bates Brown and Myra Eugenia Bates Bernard, as heirs and next of kin of Miss Susan F. Rouse, filed a bill in the chancery court of Mobile, on March 28, 1892, for…
1Opinion of the Court
■SHARPE, J.
Upon a former appeal the will involved in this cause was set out at length in the report of the decision wherein it was in part construed. — See Bromberg v. Bates, 112 Ala. 362. Since that appeal the appellee executor has made two settlements in the chancery court. This appeal is from the decree rendered upon the last settlement. The decree subjects three Alabama bonds left bv the testatrix to the payment of her funeral expenses and of certain costs and expenses of administration. The appellant, Alexander, claim's these bonds as a legatee and the only question pressed for decision *340u…
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