Marx v. Clisby
Supreme Court of Alabama
Appeal from the City . Court of Birmingham, in Equity. Heard before the Hon. Chas. A. Sestn. The hill in this case was filed by the appellees against the appellants. The case made by the hill was as follows: Fannie T. Cl i shy died testate in January, 1889, leaving her husband, A. A. Olisby, and the complainants her only children and heirs at law, surviving her. At the time of her death she Avas possessed of a large estate of real and personal property.
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Appeal from the City . Court of Birmingham, in Equity. Heard before the Hon. Chas. A. Sestn. The hill in this case was filed by the appellees against the appellants. The case made by the hill was as follows: Fannie T. Cl i shy died testate in January, 1889, leaving her husband, A. A. Olisby, and the complainants her only children and heirs at law, surviving her. At the time of her death she Avas possessed of a large estate of real and personal property. Her Avill Avas duly probated in March, 1889. In her Avill, after some special legacies of a ícav articles of personal property, she devised…
1Opinion of the CourtHaralson, J.
The first and second grounds of demurrer, the same in substance, are that the land complainants seek to recover was purchased with the rents- and profits of the trust estate, and that by the terms of the will said A. A. Olisby cannot be held to account to-the complainants for his acts and doings or for the manner of executing or using said rents -and profits during his life. A sufficient answer to these grounds may be> that the purpose of the bill is not to make the trustee account for the said rents and profits. The trustee had the right, under the will, to invest rents and profits in this…
2Cases cited2 opinions
- Randolph v. East Birmingham Land Co.Supreme Court of Alabama · 1893
- Gillespie v. NaborsSupreme Court of Alabama · 1877
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