Fowlkes v. Clay
Supreme Court of Alabama
Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Bill by Samuel A. Fowlkes and others against Mary Clay and others, to construe the will of Mary L. Clay, deceased. From the decree rendered, complainants appeal.
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Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Bill by Samuel A. Fowlkes and others against Mary Clay and others, to construe the will of Mary L. Clay, deceased. From the decree rendered, complainants appeal. Samuel A. Fowlkes was appointed trustee by the chancery court of Dallas county to succeed J. D. Olay, who was the former trustee under the will for Edna Olay and Elizabeth Olay, daughters of James Olay, and granddaughters of testator, and also trustee for Mary, Leone, Jefferson, and Edith Olay, children of J. L. Olay. The agreed statement of facts is . that the…
1Opinion of the CourtThomas, J.
The bill was by the trustee for construction of the will of Mary L. Clay, deceased, and for instruction as to distribution of the estate. The submission for final decree was upon the bill, answer, and agreed statement of facts, in writing, signed by the solicitors of the respective parties in interest.
There are questions of real difficulty arising from the provisions of this .will, to prevent the trustee from proceeding with further administration and distribution of th*. estate without construction and direction by a court of equity, as to the legal effect of the provisions of that…
2Cases cited26 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Smith v. SmithSupreme Court of Alabama · 1908
21 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Brittain v. IngramSupreme Court of Alabama · 1968
- George v. WidemireSupreme Court of Alabama · 1942
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
36 more not listed; retrieve them via the Exa API.