Parker v. Robertson
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Bill by Marion L. Robertson, against Harry Parker and Sarah Blomberg, as executors of the last will and testament of George H. Parker and as legatees under the will, for the removal of the estate from the probate to the chancery court, sale of the properties for division, filing of proper inventories, and final settlement of the estate. From a decree rendered, respondents appeal.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Bill by Marion L. Robertson, against Harry Parker and Sarah Blomberg, as executors of the last will and testament of George H. Parker and as legatees under the will, for the removal of the estate from the probate to the chancery court, sale of the properties for division, filing of proper inventories, and final settlement of the estate. From a decree rendered, respondents appeal. The expressed intention of the testator must not be defeated. Ill Ala. 152, 20 South. 378. Under the will, only the executors can make a conveyance of the…
1Opinion of the CourtMiller, J.
George H. Parker died in Cullman county, Ala., on January 22, 1918: He left a last will and testament. It was probated on February 9, 1918. Sarah S. Blomberg, a devisee and daughter of deceased, was appointed executrix, and Harry Parker, a son and devisee, was appointed executor. Letters testamentary were issued to them.
The first section of the will directs that all of his just debts and funeral expenses be paid. The other sections of the will, material to this cause, are as follows:
“Second. I give, bequeath and devise all and singular my estate, real, personal and mixed wheresoever situate…
2Cases cited4 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Fuller v. WilburMassachusetts Supreme Judicial Court · 1898
- Lee's Adm'r v. DowneySupreme Court of Alabama · 1880
- Mayer v. KornegaySupreme Court of Alabama · 1909
3Cited by20 opinions
- Oxford v. EstesSupreme Court of Alabama · 1934
- Ex Parte McLendonSupreme Court of Alabama · 1924
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Brizendine v. American Trust & Savings BankSupreme Court of Alabama · 1924
- Wood v. BarnettSupreme Court of Alabama · 1922
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