Lyon v. Foscue
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. A. W. Dillard. The bill in this ease was filed on the 23d December. 1873, by Mrs. Mary Jane Foscue and her two children, Ellen and Frank L. Foscue, against Francis L. Lyon; and sought an account and settlement of a trust created by the will of Augustus Foscue, deceased, who was the father of Mrs. Mary Jane Foscue.
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Appeal from the Chancery Court of Marengo. Heard before the Hon. A. W. Dillard. The bill in this ease was filed on the 23d December. 1873, by Mrs. Mary Jane Foscue and her two children, Ellen and Frank L. Foscue, against Francis L. Lyon; and sought an account and settlement of a trust created by the will of Augustus Foscue, deceased, who was the father of Mrs. Mary Jane Foscue. The bequest creating the trust was in these words : “ I give and devise to Francis S. Lyon, in trust for the use and benefit of my daughter Jane, the wife of Frederick Foscue, the following named negro slaves,” naming…
1Opinion of the CourtStone, J.
This ease was before this court, and was decided at the December term, 1876. We then very explicitly laid down rules, which were intended to settle, and did settle, all the material questions in this cause, except those hereafter stated. In some respects, we reversed the ruling of the chancellor, and declared the principles which should govern in the settlement of those questions. In other respects, we affirmed the chancellor’s rulings. We reversed the decree of the chancellor, and remanded the cause, “ for further proceedings not inconsistent with this [that] opinion.” All the principles we…
2Cases cited3 opinions
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3Cited by14 opinions
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Grimball v. CruseSupreme Court of Alabama · 1881
- Munden v. BaileySupreme Court of Alabama · 1881
- Nunn v. NunnSupreme Court of Alabama · 1880
- Moore v. Randolph's Adm'rSupreme Court of Alabama · 1881
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