Johnson's Adm'r v. Longmire
Supreme Court of Alabama
Appeal from tbe Chancery Court at Claiborne. Heard before- tbe Hon. M. J. Sappold. The bill in this case was filed, on tbe 4th May, 1859, by Garrett Longmire, against P. M. Dennis, as tbe administrator cle bonis non of tbe estate of Beatrice C. Johnson, deceased, John G. Sims, and William M. Longmire; and sought to enjoin tbe collection of a decree rendered by tbe probate court of Monroe, in April, 1859, against tbe complainant, as one of tbe executors of tbe last will and…
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Appeal from tbe Chancery Court at Claiborne. Heard before- tbe Hon. M. J. Sappold. The bill in this case was filed, on tbe 4th May, 1859, by Garrett Longmire, against P. M. Dennis, as tbe administrator cle bonis non of tbe estate of Beatrice C. Johnson, deceased, John G. Sims, and William M. Longmire; and sought to enjoin tbe collection of a decree rendered by tbe probate court of Monroe, in April, 1859, against tbe complainant, as one of tbe executors of tbe last will and testament of bis deceased father, Garrett Longmire, sr., in favor of tbe said P. M. Dennis, as tbe administrator of…
1Opinion of the CourtR. W. Walker, J.
It is obvious tbat tbe only questions, wbicb tbe parties intended to raise by tbe pleadings and evidence, were as to tbe fact and effect of tbe alleged payment to Sims. Tbe chancellor, however, without considering these questions, held, tbat tbe executors took tbe charitable bequest of $2,000 as trustees; tbat tbe probate court bad no jurisdiction to declare these bequests invahd, or lapsed; and, tbat, for this reason, its decree distributing tbe fund Was void. Tbe case of Harrison v. Harrison, (9 Ala. 470,) wbicb is cited in support of this view, does not sustain it. We are satisfied tbat,…
2Cases cited15 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Lewis v. LyonsIllinois Supreme Court · 1851
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
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3Cited by10 opinions
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- Hinson v. WilliamsonSupreme Court of Alabama · 1883
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- Vail v. AndersonSupreme Court of Minnesota · 1895
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