Chambers v. Perry
Supreme Court of Alabama
Error to the Chancery Court of Perry. Tried before die Hon. Wilie W. Mason. 1. The estate of the wards being undivided, and the decree of tbe chancellor being that the entire estate should remain in the hands of the guardian, undivided, and to be distributed as they came of age, or married, there was no such interest in the female ward as could vest in the husband by the marriage.— Until the distribution, it was a mere chose in action.
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Error to the Chancery Court of Perry. Tried before die Hon. Wilie W. Mason. 1. The estate of the wards being undivided, and the decree of tbe chancellor being that the entire estate should remain in the hands of the guardian, undivided, and to be distributed as they came of age, or married, there was no such interest in the female ward as could vest in the husband by the marriage.— Until the distribution, it was a mere chose in action. This case is fully within the principle of Bibb v. McKinley, 9 Port. 636, and is clearly distinguishable from Magee v. Toland, S Porter, 36, and McDaniel v.…
1Opinion of the CourtDargan, C. J.
The facts of this case, so- far as they are necessary to a proper understanding of the questions involved, maybe thus stated: In December 1846, James B. Chambers was appointed by the Chancery Court of Perry county guardian of the persons and the estate of the four minor heirs of William J. McKerrell, deceased, whose names are Frances, William J., Thomas B., and Samuel McKerrell. At the time of the appointment of Chambers as guardian, an order was made by the chancellor, that he keep the estate, both real and personal, of all the minors together, and that distribution be made to each as they…
2Cases cited3 opinions
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Pitts v. CurtisSupreme Court of Alabama · 1842
- Magee v. TolandSupreme Court of Alabama · 1838
3Cited by9 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Mason v. McNeill's ExecutorsSupreme Court of Alabama · 1853
- United States Fidelity & Guaranty Co. v. MontgomerySupreme Court of Alabama · 1933
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