Whorton v. Moragne
Supreme Court of Alabama
Appeal from the Chancery Court of EtoAvah. Heard before the Hon. N. S. Graham. A bill of complaint was filed in the Chancery Court of Etowah county, by B. B. Whorton, one of the executors of the last will and testament of William Whorton, for the' purpose of obtaining a construction of the will and instructions as to the proper execution of its various provisions.
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Appeal from the Chancery Court of EtoAvah. Heard before the Hon. N. S. Graham. A bill of complaint was filed in the Chancery Court of Etowah county, by B. B. Whorton, one of the executors of the last will and testament of William Whorton, for the' purpose of obtaining a construction of the will and instructions as to the proper execution of its various provisions. It alleges that the decedent, William Whorton. a resident citizen of Etowah county, made on the 8th day of February, 1850, his last will and testament, and shortly thereafter died in St. Clair county, but in that part of it, which…
1Opinion of the Court
BBICKELL, C. J.—
A court of equity will not, at the instance of an administrator or executor, arrest proceedings commenced in a Court of Probate for a final settlement of an administration, unless some specific fact or circumstance is shown, which renders the limited powers of that court, inadequate to a full and complete execution and settlement of the trusts of the administration.—Horton v. Mosely, 17 Ala. 749; Moore v. Lesseur, 33 Ala. 237; McNeil v. McNeil, 36 Ala. 109; Park v. Park, ib. 132. If trusts created by the will, are to be executed; or if there are complicated matters of account,…
2Cases cited9 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Moore v. LesueurSupreme Court of Alabama · 1858
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
- Harrison v. HarrisonSupreme Court of Alabama · 1846
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3Cited by4 opinions
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Sims v. WatersSupreme Court of Alabama · 1880
- Daughdrill Admr. v. DaughdrillSupreme Court of Alabama · 1895
- Newsom v. ThorntonSupreme Court of Alabama · 1880