Camp v. Coleman
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. ¥i. S. Mudd. This action was brought by J ames Camp, as the administrator with tbe will annexed of Joseph Kemp, deceased, against Wilie J. Coleman, to recover damages for tbe conversion of fifty-nine bales of cotton and twenty-five cords of wood.
Read the full summary
Appeal from the Circuit Court of Sumter. Tried before the Hon. ¥i. S. Mudd. This action was brought by J ames Camp, as the administrator with tbe will annexed of Joseph Kemp, deceased, against Wilie J. Coleman, to recover damages for tbe conversion of fifty-nine bales of cotton and twenty-five cords of wood. Tbe case was tried on an agreed state of facts, which is thus stated in the hill of exceptions: “Joseph Kemp, the plaintiff’s testator, died in 1852, and his will was afterwards duly admitted to probate; a copy of which will is made a part of this agreement.” [This will is set out at…
1Opinion of the CourtA. J. Walker, C. J.
The second clause in the will of Joseph Kemp contains a bequest to Mrs. Rebecca Kemp, and vests her with a life-estate in the property *167therein referred to. Whether she took the title subject to a trust in favor of the testator’s grand-children, is a question which does not arise in this case, but which is considered in the chancery case between the same parties at the present term. Whatever interest was vested in Mrs. Kemp by that clause of the will, she took as an individual, and not as executrix. If a trust was thereby created and imposed on her, it was one which did not belong to the…
2Cases cited4 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Judson v. GibbonsNew York Supreme Court · 1830
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Walker v. Walker's DistributeesSupreme Court of Alabama · 1855
3Cited by6 opinions
- First National Bank of Montgomery v. United StatesDistrict Court, M.D. Alabama · 1959
- Ex parte DicksonSupreme Court of Alabama · 1879
- Werborn v. AustinSupreme Court of Alabama · 1884
- Pinney v. WerbornSupreme Court of Alabama · 1882
- Wimberly v. WimberlySupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.