Tillery v. Tillery
Supreme Court of Alabama
Bill for Removal of Estate from Probate to Ghanoery Goivrt, and for Other Purposes. Appeal from Lee Chancery Court. ' Heard before Hon. W. W. Whiteside. Action by Effie B. Tillery against Thomas J. Tillery, as administrator of the estate of John C. Tillery, deceased, and another. From a decree overruling a demurrer to the bill, defendants appeal.
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Bill for Removal of Estate from Probate to Ghanoery Goivrt, and for Other Purposes. Appeal from Lee Chancery Court. ' Heard before Hon. W. W. Whiteside. Action by Effie B. Tillery against Thomas J. Tillery, as administrator of the estate of John C. Tillery, deceased, and another. From a decree overruling a demurrer to the bill, defendants appeal. Pleadings are construed most strongly against the pleader and the bill failing to aver that complainant is the only legitimate child of decedent, is demurrable. — Patrick v. DeBardelabm, 90 Ala. 13 '¡Lacey v. Holbrook, 4 Ala. 88; Ware v. Dudley, 16…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellee, as the sole heir of John 0. Tillery, against the appellants, Thomas J. Tillery, as administrator ot said John C. Tillery, and J. F. Ford, who is the surviving partner of a firm composed of said decedent and said Ford. The bill seeks to remove the estate of said John C. Tillery from the probate into the chancery court, and also to require Ford, as surviving partner, to make a complete return and settlement of said partnership affairs. Separate demurrers to the bill were filed by each of said defendants, which were overruled by the. chancellor,…
2Cases cited6 opinions
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Overseers of the Poor of Forest City v. Overseers of the Poor of DamascusSupreme Court of Pennsylvania · 1896
- Vincent v. MartinSupreme Court of Alabama · 1885
- Adams v. WilsonSupreme Court of Alabama · 1902
- Sullivan v. LawlerSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- FRAZIER v. Oil Chemical Co.Supreme Court of Pennsylvania · 1962
- Powell v. LabrySupreme Court of Alabama · 1923
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- Sovereign Camp, W. O. W. v. SninderSupreme Court of Alabama · 1933
- Hooper v. BrittAlabama Court of Appeals · 1951
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