Legal Opinion

Royall's Adm'r v. McKenzie

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 13 opinions

Appeal from tlie Chancery Court of Macon. Heard before the Hon. Wylie W. Maroh. This bill was filed, in 184T, by John Foster, as administrator.of William Royall, deceased, against John McKenzie and Amasa Howard, to compel a settlement and account of an assignment executed to the defendants by said Royall, in October, 1832, in Lancaster District, South Carolina, where the parties then resided.

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Appeal from tlie Chancery Court of Macon. Heard before the Hon. Wylie W. Maroh. This bill was filed, in 184T, by John Foster, as administrator.of William Royall, deceased, against John McKenzie and Amasa Howard, to compel a settlement and account of an assignment executed to the defendants by said Royall, in October, 1832, in Lancaster District, South Carolina, where the parties then resided. In 1841 said Royall had filed abill in the Chancery Court at Talladega, in. the name of himself and the creditors secured by the deed, against the said trustees, to compel a settlement of the assignment;…

1Opinion of the Court

GOLDTHWAITE, J. —

The first question presented by the assignment of errors is, as to the allowance of interest made by the master upon the available debts specified in the *368assignment. No principle is better settled, than that it is the duty of a trustee of a chose in action, to take every necessary step, compatible with reasonable diligence, to meet the object of the trust (Caffrey v. Darby, 6 Ves. 488; Mucklow v. Fuller, Jac. 198; Powell v. Evans, 5 Ves. 839; Tebbs v. Carpenter, 1 Mad. 290; Lewis v. Copeland, 6 Beav. 486); and it is not sufficient for the trustee merely to apply for payment,…

2Cases cited3 opinions

  1. Clarke v. WhiteSupreme Court of the United States · 1838
  2. Randall v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1824
  3. Hardeman v. SimsSupreme Court of Alabama · 1842

3Cited by13 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Adams v. SayreSupreme Court of Alabama · 1884
  3. Ward v. ReynoldsSupreme Court of Alabama · 1858
  4. Webb v. Webb's HeirsSupreme Court of Alabama · 1857
  5. Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864

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