Nelson v. Boynton
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. The original bill in this cause was filed on the 5th of July, 1872, by B. M. Nelson, as administrator, with the will annexed, of Alanson Saltmarsh, deceased, against William M. Boynton, Mary A. Saltmarsh, and others, alleged to have been former executors of said estate, and their sureties, and sought to recover unadministered assets, and to compel an account, and a settlement of their trust with him; it…
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Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. The original bill in this cause was filed on the 5th of July, 1872, by B. M. Nelson, as administrator, with the will annexed, of Alanson Saltmarsh, deceased, against William M. Boynton, Mary A. Saltmarsh, and others, alleged to have been former executors of said estate, and their sureties, and sought to recover unadministered assets, and to compel an account, and a settlement of their trust with him; it being alleged that the defendants had never made a settlement, and had wasted the assets of said estate. The bill…
1Opinion of the CourtStone, J.
In May, 1861, Dr. A. Saltmarsh, a resident of Dallas county, died, leaving a last will and testament, duly executed and attested to pass personal and real property. This will was duly probated in the then probate court of Dallas county, and in July, 1861, letters testamentary were issued by that court to Win. N. Boynton, Eranklin X. Beck, and Mrs. Saltmarsh, the executors and executrix named in the will; and they entered upon the discharge of their duties.
At the June term, 1871, our predecessors, by a majority decision, ruled that the probate of a will, and grant of letters thereon by a…
2Cases cited9 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Coltart v. AllenSupreme Court of Alabama · 1866
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- White v. HillSupreme Court of Alabama · 1912
- Allen v. KellamSupreme Court of Alabama · 1881
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Awbrey v. EstesSupreme Court of Alabama · 1927
5 more not listed; retrieve them via the Exa API.