Sellers v. Sellers
Supreme Court of Alabama
The facts of this case, as disclosed by the bill, are these: Calvin C. Sellers died in Wilcox county, Alabama, on the 19th March, 1852, after having made bis nuncupative will, which was duly admitted to probate on the 4th April, 1852, as follows: “I am not much in debt — I owe but little; but I want my debts all paid.
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The facts of this case, as disclosed by the bill, are these: Calvin C. Sellers died in Wilcox county, Alabama, on the 19th March, 1852, after having made bis nuncupative will, which was duly admitted to probate on the 4th April, 1852, as follows: “I am not much in debt — I owe but little; but I want my debts all paid. The balance of my property I want kept together, under the control and management of my wife, to be managed entirely at her discretion, for the use and benefit of mj7 family, for the support of my wife, and the suppoz’t and education of my children ; my property to be kept…
1Opinion of the CourtA. J. Walker, C. J.
The chancellor dismissed the bill, for want of equity, before it was ripe for a hearing. Several questions, which counsel foresee will arise in the progress of the cause, as well as the equity of the bill, have been argued; but we shall consider only the question decided by the chancellor. If we were to go beyond the question of equity in the bill, we would exercise original, not appellate jurisdiction. In two cases, this court has declined to pass upon any other question than the equity of the bill, when the chancellor dismissed the bill, for want of equity, on a final hearing. — Byrd v.…
2Cases cited3 opinions
- Trotter v. BlockerSupreme Court of Alabama · 1838
- Byrd v. McDanielSupreme Court of Alabama · 1855
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1857
3Cited by19 opinions
- Thurlow v. BerrySupreme Court of Alabama · 1946
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Kimbrough v. DickinsonSupreme Court of Alabama · 1946
- Andersen v. AndersenNebraska Supreme Court · 1903
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