Coker v. Coker
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Bill by A. H. Coker and others against W. H. Coker, as executor of the estate of John W. Coker, and others, for removal of the estate from probate to equity court, with petition by Dortch & Allen for allowance of attorney’s fees. From a decree allowing compensation to the attorneys, the executor appeals.
Read the full summary
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Bill by A. H. Coker and others against W. H. Coker, as executor of the estate of John W. Coker, and others, for removal of the estate from probate to equity court, with petition by Dortch & Allen for allowance of attorney’s fees. From a decree allowing compensation to the attorneys, the executor appeals. It not appearing from the averments of the petition that the services rendered were for the common benefit of all the parties, the demurrer should have been sustained. 176 Ala. 151, 57 South. 776; 191 Ala. 195, 67 South. 985;…
1Opinion of the CourtMcCLELLAN, J.
This is an,appeal by. W. II. Coker, as executor of the estate of Jolm W. Coker, deceased, from a decree of the circuit court, in equity, awarding Messrs. Dortch & Allen $1,250 as attorney’s fee for services rendered in the course of the administration of the estate of appellant’s testator. The testator died in April, 1918, a resident of Cherokee county, Ala. The executors were relieved by the will from making bond in the premises.
The testator’s will required, among other things, that the property of the estate be kept together, if authorized sales were not made, by the executors or surviving…
2Cases cited7 opinions
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Dickens v. DickensSupreme Court of Alabama · 1911
- Harris v. JohnsonSupreme Court of Alabama · 1912
- De Ramus v. De RamusSupreme Court of Alabama · 1921
- Graham v. GrahamSupreme Court of Alabama · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Carter v. MitchellSupreme Court of Alabama · 1932
- Dent v. FoySupreme Court of Alabama · 1925
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Penney v. Pritchard & McCallSupreme Court of Alabama · 1950
- Ex Parte McLendonSupreme Court of Alabama · 1924
18 more not listed; retrieve them via the Exa API.