Cruikshank v. Luttrell
Supreme Court of Alabama
Bill in Equity for Discovery and General Belief. Appeal from Talladega Chancery Court. Heard before Hon. N. S. Graham. This was a bill filed on the 20th of September, 1875, by Marcus H. Cruikshank, as administrator cle bonis non, with the will annexed, of the estate of Thomas Merritt, deceased, against William C. Luttrell. Thomas Merritt died in Green county, Georgia, leaving a will, of which he appointed bis son, Benjamin Merritt, the executor.
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Bill in Equity for Discovery and General Belief. Appeal from Talladega Chancery Court. Heard before Hon. N. S. Graham. This was a bill filed on the 20th of September, 1875, by Marcus H. Cruikshank, as administrator cle bonis non, with the will annexed, of the estate of Thomas Merritt, deceased, against William C. Luttrell. Thomas Merritt died in Green county, Georgia, leaving a will, of which he appointed bis son, Benjamin Merritt, the executor. Letters testamentary were granted to said Benjamin Merritt by the Probate Court of Talladega county, and on the 1st day of October, 1860, that court…
1Opinion of the CourtBrickell, C. J.
— An executor or administrator is, by the statutes, clothed with powers and charged with corresponding duties in reference to the lands of the testator or intestate, but in them he takes no right or title, interest or estate. As at common law, if devised, the lands pass to the devisee, or if not devised, descend to the heir at law, ec instanti, the death of the ancestor, subject only to be interrupted by the exercise by the personal representative of the powers conferred by the statutes. Until an interruption by the personal representative the devisee or heir is entitled to possession, and to…
2Cases cited17 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Bland v. BowieSupreme Court of Alabama · 1875
- House v. MullenSupreme Court of the United States · 1875
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Martin v. JonesSupreme Court of Alabama · 1958
- Roy v. O'NeillSupreme Court of Alabama · 1910
- Howison v. OakleySupreme Court of Alabama · 1897
- Morgan v. CaseySupreme Court of Alabama · 1882
16 more not listed; retrieve them via the Exa API.