Clay v. Gurley
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before Hon. H. C. Speake. The facts are thus stated by Mr. Justice Manning: Complainant, Clay, being recently appointed successor to an administrator de bonis non of the estate of Clement N. Yincent, deceased, by the Court of Probate of Madison county, filed tbe present bill, May 6, 1877, against the administrators in chief, and the former administrator de bonis non, Frank B. Gurley and his sureties, and against purchasers of land of…
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Appeal from Madison Chancery Court. Heard before Hon. H. C. Speake. The facts are thus stated by Mr. Justice Manning: Complainant, Clay, being recently appointed successor to an administrator de bonis non of the estate of Clement N. Yincent, deceased, by the Court of Probate of Madison county, filed tbe present bill, May 6, 1877, against the administrators in chief, and the former administrator de bonis non, Frank B. Gurley and his sureties, and against purchasers of land of the estate, at sales thereof supposed to be invalid, made by Gurley as administrator, and against subpurchasers from…
1Opinion of the CourtManning, J.
The bill in this cause is founded on a misconception of the cases and circumstances in which a person occupying a fiduciary position is entitled to instructions and direction from a Court of Chancery in the performance of doubtful or not well defined duties. The extent and limits of its jurisdiction for this purpose, do not indeed seem to be clearly fixed. But it can not embrace a congeries of cases like this. More than sixty individuals, standing in various, and many of them in very different relations toward the estate of decedent, Vincent, are sought by a second administrator de bonis non…
2Cases cited4 opinions
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Moore v. RandolphSupreme Court of Alabama · 1875
- Curry v. WoodwardSupreme Court of Alabama · 1874
3Cited by20 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Hoglan v. MooreSupreme Court of Alabama · 1929
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
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