Mosely v. Lane
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. E. D. TowNES. . The original bill in this case was filed by John Mosely and William Mosely, in March, 1841, and an amended bill was filed in March, 1851. The material allegations of the two bills are as follows : That their father, William Mosely, died in Morgan county, Alabama, in the year 1830, after having made and published Ms last will and testament in writing, which was duly admitted to probate after…
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. E. D. TowNES. . The original bill in this case was filed by John Mosely and William Mosely, in March, 1841, and an amended bill was filed in March, 1851. The material allegations of the two bills are as follows : That their father, William Mosely, died in Morgan county, Alabama, in the year 1830, after having made and published Ms last will and testament in writing, which was duly admitted to probate after his death, and which (among other things) contained the following provision “8. * * * And whereas, by the provisions of…
1Opinion of the CourtRlOB, J.
An administrator is bound not to do anything which has a tendency to interfere with his duty in discharging the trust.- His office is not conferred on him for the purpose of enabling him successfully to engage in intrigues for his private benefit. If with the money of the estate, he buys property, and thereby makes a profit, the estate is entitled to it, although the estate could not possibly have been injured by his use of the money. If, with his own money, he buys up the debts of the estate at an under-value, the advantage thus derived does not belong to him, but to the estate, although,…
2Cited by9 opinions
- Thomason v. DillSupreme Court of Alabama · 1857
- Rhea v. TuckerSupreme Court of Alabama · 1876
- Olds v. MarshallSupreme Court of Alabama · 1890
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1882
- Rosasco v. County of TuolumneCalifornia Supreme Court · 1904
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