Legal Opinion

Alexander v. Alexander

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 9 opinions

Appeal from the Chancery Court of Dallas. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 16th November, 1880, by Joseph L. Alexander and others, as distributees of the estate of Dewitt C. Alexander, deceased, and legatees under his will, against John D. Alexander, as executor of the last will and testament of Joseph M. Alexander, deceased, and also as administrator de bonis non of said estate by subsequent appointment, and against the other…

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Appeal from the Chancery Court of Dallas. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 16th November, 1880, by Joseph L. Alexander and others, as distributees of the estate of Dewitt C. Alexander, deceased, and legatees under his will, against John D. Alexander, as executor of the last will and testament of Joseph M. Alexander, deceased, and also as administrator de bonis non of said estate by subsequent appointment, and against the other persons interested as distributees in the estate of said Joseph M. Alexander; and sought to compel a settlement of the…

1Opinion of the CourtStone, J.

Under many rulings of this court, we feel bound to maintain the equity of this bill. When the several alleged final settlements of the estate of Joseph M. Alexander were made in the Probate Court, John D. Alexander, the appellant, was the personal representative, not only of that estate, but of the estate of Dewitt C. Alexander, a son and legatee of John M. Of whatever sum there should Tie found for division or distribution, the estate of Dewitt C. would be entitled to a share. So, in any contest that might arise between the two estates, John D. would sustain conflicting relations. The…

2Cases cited3 opinions

  1. Fretwell v. McLemoreSupreme Court of Alabama · 1875
  2. Hays v. CockrellSupreme Court of Alabama · 1867
  3. Ex parte BootheSupreme Court of Alabama · 1879

3Cited by9 opinions

  1. Glover v. HillSupreme Court of Alabama · 1887
  2. Charles v. WittSupreme Court of Kansas · 1913
  3. Martin v. AtkinsonSupreme Court of Alabama · 1895
  4. Keith v. McCordSupreme Court of Alabama · 1903
  5. Modawell v. HudsonSupreme Court of Alabama · 1885

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