Blount v. Moore
Supreme Court of Alabama
Appeal from Chancery Court of Perry. Heard before Hon. Charles Turner. This was a bill in equity, filed on tbe 26th day of Eebruary, 1873, by John Moore, administrator of John W. Montague, deceased, who was a legatee under the will of Richard Montague, deceased, against Edward A. Blount, executor of the last will and testament of said Richard; Mary A. Cocke, who purchased lands belonging to said testator from the executor, and received his conveyance therefor, and Henry Hall…
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Appeal from Chancery Court of Perry. Heard before Hon. Charles Turner. This was a bill in equity, filed on tbe 26th day of Eebruary, 1873, by John Moore, administrator of John W. Montague, deceased, who was a legatee under the will of Richard Montague, deceased, against Edward A. Blount, executor of the last will and testament of said Richard; Mary A. Cocke, who purchased lands belonging to said testator from the executor, and received his conveyance therefor, and Henry Hall and Elsie Cocke, who were in possession of .a portion of it under a purchase from her. The bill alleged that Richard…
1Opinion of the CourtBeicxell, C. J.
The power of the executor, under the will, to make sale of the testator’s lands, is not questioned, *362either in argument or by the pleadings. There is a general direction that the real estate be sold for the payment of debts, without stating by whom it is to be made. Pecuniary legacies are given, which it is apparent could have been given only in expectation of their payment from the proceeds of the sale of the real estate, the personal assets not being sufficient for that purpose. The general principle is very clearly stated in Winston v. Jones, 6 Ala. 554: “ No precise form of words is'…
2Cases cited2 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Key v. JonesSupreme Court of Alabama · 1875
3Cited by7 opinions
- Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
- Chandler v. ThompsonSupreme Court of New Jersey · 1901
- Braun v. MullerNew Jersey Court of Chancery · 1942
- Hardeman v. HardemanSupreme Court of Alabama · 1918
- Alstork v. CurrySupreme Court of Alabama · 1922
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