Donovan v. Haynie
Supreme Court of Alabama
Bill in Equity by Cestui que trust to compel trustee to account Appeal from tbe Chancery Court of Mobile. Heard before Hon. H. Austill. This was a bill filed by John D. Haynie, as administrator of the estate of Mrs. Winifred Haynie, against her surviving husband, Isaac Donovan. It is averred in the bill, that before the marriage of Mr. and Airs. Donovan, they entered into a-marriage contract, a copy of which is attached as an exhibit to the bill.
Read the full summary
Bill in Equity by Cestui que trust to compel trustee to account Appeal from tbe Chancery Court of Mobile. Heard before Hon. H. Austill. This was a bill filed by John D. Haynie, as administrator of the estate of Mrs. Winifred Haynie, against her surviving husband, Isaac Donovan. It is averred in the bill, that before the marriage of Mr. and Airs. Donovan, they entered into a-marriage contract, a copy of which is attached as an exhibit to the bill. In this settlement it is provided that said “Isaac Donovan, for himself, &c., does agree upon said marriage, &c., that he does and shall renounce…
1Opinion of the CourtStone, J.
— The ante-nuptial deed of marriage settlement entered into, by and between appellant and appellee’s intestate, is made an exhibit to the bill. It, in express terms, makes Donovan trustee of his future wife’s estate, reserves to the latter an equitable separate estate, with unlimited ownership, and very large powers in and over the estate itself, and its income. There can be no question that if any of this trust estate went into the hands of the husband under this deed, and remained unaccounted for at Mis. Donovan’s death, it created a debt of a fiduciary character, which was not discharged…
2Cases cited9 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Rembert v. BrownSupreme Court of Alabama · 1850
- Walker v. Miller & Co.Supreme Court of Alabama · 1847
- Royall's Adm'r v. McKenzieSupreme Court of Alabama · 1854
- Chapman v. ChapmanSupreme Court of Alabama · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ingram v. People's Finance Thrift Co. of AlabamaSupreme Court of Alabama · 1933