Legal Opinion

McDonald v. McDonald

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 22 opinions

Appeal from City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The appellees, who were complainants in the court below, filed their bill of complaint, and prayed the court to construe the will of Cynthia A. McDonald, and to take jurisdiction of the trust created by the will and have the same administered in that court.

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Appeal from City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The appellees, who were complainants in the court below, filed their bill of complaint, and prayed the court to construe the will of Cynthia A. McDonald, and to take jurisdiction of the trust created by the will and have the same administered in that court. The complainants also prayed that the ■ said trustee be required to make a full statement of how he had administered the trust; that it be referred to the register to make and state an account showing how much rentals said trustee had collected and what…

1Opinion of the CourtWalker, J.

Mrs. Cynthia A. McDonald died in Jeffer*540son county in this State in January, 1882. By her will she left all her property, real and personal, to her husband, W. J. McDonald, “ in trust and as trustee, for the following purposes, that is to say, I give, devise, will and bequeath all of my said property unto my husband in trust and as trustee, to be held and managed and controlled by him for his comfort and support during his life, and for the comfort and support and education of the children of the body of the undersigned testatrix and said husband W. J. McDonald, giving my said husband full and…

2Cases cited3 opinions

  1. Colton v. ColtonSupreme Court of the United States · 1888
  2. Taylor v. HarwellSupreme Court of Alabama · 1880
  3. Proctor v. ScharpffSupreme Court of Alabama · 1885

3Cited by22 opinions

  1. Fred Brown v. Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 1990
  2. Pearce v. PearceSupreme Court of Alabama · 1917
  3. Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
  4. Grand Lodge, K. P. v. ShorterSupreme Court of Alabama · 1929
  5. Keating v. KeatingSupreme Court of Iowa · 1917

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