Robinson v. Robinson
Supreme Court of Alabama
Writ of Error to the Chancery Court of Perry. The bill filed by the plaintiffs in error, charges, that Samuel Robinson, late of Shelby county, Tennessee, died, leaving a widow, Mary Robinson, who was his second wife, and by whom he had no children. That complainants are his children, and heirs by a former marriage. That their father died seized and possessed of a large amount of property, real and personal, and among the rest, of certain slaves, which are described.
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Writ of Error to the Chancery Court of Perry. The bill filed by the plaintiffs in error, charges, that Samuel Robinson, late of Shelby county, Tennessee, died, leaving a widow, Mary Robinson, who was his second wife, and by whom he had no children. That complainants are his children, and heirs by a former marriage. That their father died seized and possessed of a large amount of property, real and personal, and among the rest, of certain slaves, which are described. That one John Wherry administered on the estate, which was almost wholly free from debt, and is now entirely solvent. That the…
1Opinion of the CourtOrmond, J.
The jurisdiction of the court of chancery, to make distribution of the slaves in controversy, is attempted to be maintained, because the slaves never came to the possession of the administrator in Tennessee, but that he has colluded with the widow of the deceased, and permitted her to bring the slaves in controversy to this State, although they are assets of his intestate. That suit cannot be brought in the name of the administrator, as they never came to his possession, and that no administration can be granted here, because the slaves were not in this State, at the time of the death of the…
2Cases cited3 opinions
- Calhoun v. KingSupreme Court of Alabama · 1843
- M'Dowl v.CharlesNew York Court of Chancery · 1822
- Treadwell v. RaineySupreme Court of Alabama · 1846
3Cited by6 opinions
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Jefferson v. BeallSupreme Court of Alabama · 1897
- Manly's Adm'r v. TurnipseedSupreme Court of Alabama · 1861
- Clemens v. WalkerSupreme Court of Alabama · 1866
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