Comby v. McMichael
Supreme Court of Alabama
ERROR, to tbe Chancery Court of Benton. Tried before the ¡¡Ion. D. G, Ligón,. The court of chancery has jurisdiction in this case. There is a trust shown, which remains unexecuted, and the trustee being dead, the court will appoint another in his stead, if nothing more. — 2 Hen. & Mun. 11; 4 Hayw. 4; 9 Cow. 524; 2 Eng. Com.
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ERROR, to tbe Chancery Court of Benton. Tried before the ¡¡Ion. D. G, Ligón,. The court of chancery has jurisdiction in this case. There is a trust shown, which remains unexecuted, and the trustee being dead, the court will appoint another in his stead, if nothing more. — 2 Hen. & Mun. 11; 4 Hayw. 4; 9 Cow. 524; 2 Eng. Com. Law R. 409; 9 Ala. 999. The legal title being in the trustee, the remedy of the cestuis que trust is only in equity.-*— IT Ala. 636; Ib. 743. The hill charges that the trust property is being wasted, that defendant asserts an absolute title to the property, that he has…
1Opinion of the Court
DARGAN, C, J.
Richard Paulett, who resided in the State of Georgia, being possessed of certain slaves, executed a deed, by which he conveyed them to his children, to be divided when his youngest child arrived at the age of fifteen years. Before the division took place, Lucy Smith Paulett, one of the daughters of the grantor, conveyed her undivided interest to her brother, Lewis Paulett, in trust, that he should take the same into his possession when divided, and retain it for her use and benefit, and for the use and benefit of the issue of her body, and at her death convey the same to such of…
2Cited by17 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- Jones v. ReeseSupreme Court of Alabama · 1880
- Molton v. HendersonSupreme Court of Alabama · 1878
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
- Powell v. GlennSupreme Court of Alabama · 1852
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