Foscue v. Lyon
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. A. W. Dillard.. The bill in this case was filed on the 23d December, 1873, by Mrs. Mary Jane Eoscue and her two children, Ellen Eos-cue and Erank L. Eoscue, against Erancis S. Lyon; and sought an account and settlement of a trust created by the will of Augustus Eoscue, who was the father of Mrs. Mary .Jane Eoscue, and whose last will and testament was duly admitted to probate, in said county, in May, 1861, soon…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. A. W. Dillard.. The bill in this case was filed on the 23d December, 1873, by Mrs. Mary Jane Eoscue and her two children, Ellen Eos-cue and Erank L. Eoscue, against Erancis S. Lyon; and sought an account and settlement of a trust created by the will of Augustus Eoscue, who was the father of Mrs. Mary .Jane Eoscue, and whose last will and testament was duly admitted to probate, in said county, in May, 1861, soon after his death. The clause creating the trust was in the following words : “ I give and devise to Erancis S. Lyon, in…
1Opinion of the Court
BRICKELL, C. J. —
The clear intention of the testator, in the bequest under consideration, was the creation of an interest-bearing fund of fifty thousand dollars, the annual interest on which should be paid to his daughter during her life, and the principal of which, remaining undiminished at her death, should be settled on and vest in her children. The mode adopted by the testator of accomplishing his intention, was a general pecuniary legacy of fifty thousand dollars in cash, to the appellee, in trust, to be by him invested in safe or productive stock or stocks, or placed at interest on good…
2Cases cited7 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Gould v. HayesSupreme Court of Alabama · 1851
- Lewis v. DarlingSupreme Court of the United States · 1854
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Dean v. Rathbone's Adm'rSupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Prince v. SkillinSupreme Judicial Court of Maine · 1880
- Randle v. CarterSupreme Court of Alabama · 1878
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Mosely & Eley v. NormanSupreme Court of Alabama · 1883
14 more not listed; retrieve them via the Exa API.