Legal Opinion

Rasch v. Peters

Supreme Court of Alabama

Decided April 4, 1918No. 8 Div. 66PublishedCited by 2 opinions

Appeal from Circuit Oourt, Lauderdale County; C. P. Almon, Judge. Suit by Rosa Peters, as executrix, against Frank Rasch. From a decree for complainant, respondent appeals.

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Appeal from Circuit Oourt, Lauderdale County; C. P. Almon, Judge. Suit by Rosa Peters, as executrix, against Frank Rasch. From a decree for complainant, respondent appeals. The hill in this case was filed, by Rosa Peters, as executrix of the estate of Martin Specker, deceased, against Frank Rasch, and alleges, in substance: That Martin Specker died in 1904, leaving a last will, which had been duly admitted to probate, and under the terms of which complainant was appointed executrix of the estate. That in 1901 Lorenzo Specker died leaving a last will, which was admitted to probate in the same…

1Opinion of the CourtGardner, J.

The averments of the bill distinctly show that the respondent was by Catherine Specker created .her confidential agent, intrusted with the management of her lands, which trust relation continued for a period of years. Respondent was also intrusted, by tbe said Catherine Specker, with certain funds derived from the sale of personal property formerly belonging to the estate of Lorenzo Specker, deceased, together with certain portions of rents collected by him from year to year, with instructions to hold and preserve the same for the estate of Martin Specker, deceased. It further clearly appears…

2Cases cited3 opinions

  1. Hall v. McKellerSupreme Court of Alabama · 1908
  2. Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
  3. Houeye v. HenkelSupreme Court of Louisiana · 1906

3Cited by2 opinions

  1. Boriss Const. Co. v. DeaseySupreme Court of Alabama · 1925
  2. McEntyre v. FormanSupreme Court of Alabama · 1946

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