Howard v. Gilbert
Supreme Court of Alabama
Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. James B. Claek. The bill in tbis case was filed, on tbe lltb June, 1859, by Benjamin Howard, Heron H. Howard, bis wife, and tbeir four children, against William E. Gilbert, Samuel Ray, and Emily P. Ray.
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Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. James B. Claek. The bill in tbis case was filed, on tbe lltb June, 1859, by Benjamin Howard, Heron H. Howard, bis wife, and tbeir four children, against William E. Gilbert, Samuel Ray, and Emily P. Ray. Its object was to compel an account of certain trust property in said Gilbert’s bands as trustee, to have him removed from tbe trust, and another trustee (or receiver) appointed in bis stead; and it also prayed for an injunction, to prevent said Gilbert from rempving with tbe property beyond tbe limits of tbe State, and for'…
1Opinion of the CourtA. J. Walker., C. J.
William E. Gilbert, tbe defendant, was appointed trustee of tbe specified trust, in 1848, by tbe register in chancery for Russell county. Tbe trust originated in tbe State of Georgia ; and there Was, at the ^ime of tbe register’s appointment, an acting and surviving trustee in Georgia, appointed by a court in that State. Tbe petition by Wilham E. Gilbert, for bis appointment, is placed on tbe ground, that tbe property of tbe trust was in tbe possession of tbe trustee in Georgia, and that such trustee was desirous of delivering it to any person appointed under that petition. These facts are…
2Cases cited1 opinion
- Gunn v. HowellSupreme Court of Alabama · 1855
3Cited by2 opinions
- Kennedy v. WinnSupreme Court of Alabama · 1885
- Kennedy v. WinnSupreme Court of Georgia · 1886