Carroll v. Richardson
Supreme Court of Alabama
Appeals from tbe Chancery Court of Butler. Heard before the Hon. John A Foster. These two cases, involving controversies between J. Monroe Carroll, a legatee and devisee under the last will and testament of John T. Perry, deceased, and J. C. Richardson, his executor, were argued and submitted together in the court below, on demurrers to each bill, and on motion to consolidate the two causes; and they were argued and submitted together in this court.
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Appeals from tbe Chancery Court of Butler. Heard before the Hon. John A Foster. These two cases, involving controversies between J. Monroe Carroll, a legatee and devisee under the last will and testament of John T. Perry, deceased, and J. C. Richardson, his executor, were argued and submitted together in the court below, on demurrers to each bill, and on motion to consolidate the two causes; and they were argued and submitted together in this court. Said J. T. Perry died . on the 24th June, 1887, and his last will and testament was duly admitted to probate on the 28th July, 1887, on which…
1Opinion of the CourtStone, C. J.
These two suits refer to the estate of J. T. Perry, deceased. Mr. Perry left a will and codicil, each of which was proven and established as his last will and testament; and Richardson, one of the executors named in the will, qualified as such, and took upon himself the execution of the trust. The other two did not qualify.
The suit stated first above was instituted probably in less than six months after the probate of the will, J. M. Carroll being the complainant. The records fail to furnish the date when either bill was filed. Whether this be so or not, it is manifest that each of the bills…
2Cases cited5 opinions
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Jones v. McPhillipsSupreme Court of Alabama · 1886
- Hollingsworth v. Hollingsworth's ExecutorsSupreme Court of Alabama · 1880
- Cowles v. PollardSupreme Court of Alabama · 1874
- Upchurch v. NorsworthySupreme Court of Alabama · 1847
3Cited by22 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Thurlow v. BerrySupreme Court of Alabama · 1946
- Riley v. WilkinsonSupreme Court of Alabama · 1945
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