Savage v. Benham
Supreme Court of Alabama
Error to the Chancery Court of Lauderdale. Tried before the Hon. David G. Ligón. The bill in this case was filed by the plaintiff in error, as administratrix on the estate of Samuel G. Savage, deceased, against George M. Savage, the executor appointed by the will of Samuel Savage, deceased, Vincent M. Benham, the administrator da bonis non with the will annexed, and the various residuary legatees under said will.
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Error to the Chancery Court of Lauderdale. Tried before the Hon. David G. Ligón. The bill in this case was filed by the plaintiff in error, as administratrix on the estate of Samuel G. Savage, deceased, against George M. Savage, the executor appointed by the will of Samuel Savage, deceased, Vincent M. Benham, the administrator da bonis non with the will annexed, and the various residuary legatees under said will. It alleges that the intestate of the plaintiff was entitled by the provisions of said will to a vested residuary legacy, which he never received, and to a support, education, &c.…
1Opinion of the CourtChilton, J.
Three points arise on the record before us: 1. Is the bill multifarious? 2. Has the complainant a right to sue, being at the time of lier appointment as administratrix an infant? 3. Whether the legacy given to her intestate by the will of Samuel Savage vested so as to eutitle her, as his administratrix, to recover it from the present personal representative of the testator’s estate? We will briefly examine these in the order in which they are staled, as well as some collateral questions as to the mode of taking the account.
1. It is insisted that the bill is multifarious because the…
2Cases cited12 opinions
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3Cited by28 opinions
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