Whaley v. Rothschild & Co.
Supreme Court of Alabama
Appeal from Houston Chancery Conrt. Heard before Hon. L. D. Gardner. Bill by D. Rothschild & Company, and others against Mamie C. Whaley as executrix of the estate of W. H. Whaley, deceased, to compel payment of their debts against the estate, and for a discovery. From a decree overruling demurrers to the bill, respondent appeals.
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Appeal from Houston Chancery Conrt. Heard before Hon. L. D. Gardner. Bill by D. Rothschild & Company, and others against Mamie C. Whaley as executrix of the estate of W. H. Whaley, deceased, to compel payment of their debts against the estate, and for a discovery. From a decree overruling demurrers to the bill, respondent appeals. The bill must stand or fall as a bill for accounting, as its allegations are entirely insufficient as a bill for discovery. — Poliak v. Claflin, 188 Ala. 645; Virginia Co. v. Hale, 93 Ala. 542; Lrnoson v. Warren, 89 Ala. 584; Grice v. Parkerd, 46 Ala. 616. It should…
1Opinion of the CourtMcCLELLAN, J.
W. H. Whaley died May 31, 1911, leaving a last will and testament, which was regularly probated. Therein Mamie C. Whaley was named as executrix thereof, and to her letters testamentary were duly issued. • By the terms of the instrument she is made the chief beneficiary. It is also provided therein that no bond should be required of her, nor shall an account*71ing be exacted of her, in the disposition or mangement of the estate. This bill is exhibited by creditors of the estate of W. H. Whaley, deceased, for debts created by him in his lifetime, and seeks the removal of the administration of the…
2Cases cited2 opinions
- Rensford v. Magnus & Co.Supreme Court of Alabama · 1907
- St. John v. St. JohnSupreme Court of Alabama · 1907
3Cited by3 opinions
- Irwin v. IrwinSupreme Court of Alabama · 1933
- Carter v. HutchensSupreme Court of Alabama · 1930
- Irwin v. J. S. Reeves Co.Supreme Court of Alabama · 1931