Anderson v. McGowan
Supreme Court of Alabama
Appeal from the Probate Court of Wilcox. In the matter of the estate of Richard P. Anderson, deceased, and a final settlement of the administration of Isaac E. Anderson, surviving administrator, upon said estate; D. R. McGowan, in right of his wife, Mary Y. McGowan, who was the widow of said decedent, and R. T. Simpson, as guardian, ad litem of R. P. Anderson and Elizabeth Anderson, minors, and children of said R. P. Anderson, deceased, who are the appellees in this court,…
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Appeal from the Probate Court of Wilcox. In the matter of the estate of Richard P. Anderson, deceased, and a final settlement of the administration of Isaac E. Anderson, surviving administrator, upon said estate; D. R. McGowan, in right of his wife, Mary Y. McGowan, who was the widow of said decedent, and R. T. Simpson, as guardian, ad litem of R. P. Anderson and Elizabeth Anderson, minors, and children of said R. P. Anderson, deceased, who are the appellees in this court, contestants. The facts are as follows: Richard P. Anderson died in the year I860, in said county, and left surviving him…
1Opinion of the CourtByrd, J.
1. Upon the authority of the case of Perkins v. Lewis et al., at the present term, we hold that, after the allotment of the property of the testator among the devisees and legatees under the first article of the will, the executor alone could sell it under the other provisions of the will, and that such power of sale is a personal trust, and did not attach to the executorial office.
Section 1399 of the Code affects only a devise, or a naked power to executors to sell lands unaccompanied with any trust personal to executors. It does not touch a devise to executors, where it is evident from the…
2Cases cited8 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Smith's Executors v. WileySupreme Court of Alabama · 1853
- Martin v. WilliamsSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Lewis v. WellsSupreme Court of Alabama · 1874
- Ex parte DicksonSupreme Court of Alabama · 1879
9 more not listed; retrieve them via the Exa API.