McCaw v. Barker
Supreme Court of Alabama
Appeals from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The original bill. in this case was filed by Ann E. McCaw on June 20, 1891, against R. G. Pegram, as trustee of the devisees under the will of John D. Rag-land, deceased, Prelate D. Barker, and James W. Lapsley, Osborne H. Parker, Oscar E. Smith and William Stringfellow, as executors of the will of Duncan T. Parker, deceased.
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Appeals from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. The original bill. in this case was filed by Ann E. McCaw on June 20, 1891, against R. G. Pegram, as trustee of the devisees under the will of John D. Rag-land, deceased, Prelate D. Barker, and James W. Lapsley, Osborne H. Parker, Oscar E. Smith and William Stringfellow, as executors of the will of Duncan T. Parker, deceased. The bill was subsequently amended, and as amended, alleged in substance the following facts : Ann E. McCaw, as surviving trustee under the will of Hugh McCaw, deceased, owned an undivided…
1Opinion of the CourtHaralson, J.
The original bill was filed June 20, 1891. The answer and cross-bill of R. G. Pegram, trustee, was filed July 31, 1891. The original and cross-bill, each, waived the oath of the defendants thereto, and neither contained interrogatories to any of the defendants, under rule 13, Chancery Practice. The answers and demurrers of the other defendants to the bill were filed in the month of August, 1891. On the 17th March, 1892, the complainants in the original and cross-bills, filed separate motions, to allow them to amend their bills, respectively, by adding thereto certain interrogatories to P. D.…
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