Mullen v. Walton
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. Richard B. Kelly. The bill in this case was filed on July 15th, 1903, by the appellant, Charlotte Ewell Mullen, against J. M. Walton, as administrator of the estate of Martha A. Ewell, deceased, and the heirs of said Martha A. Ewell.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. Richard B. Kelly. The bill in this case was filed on July 15th, 1903, by the appellant, Charlotte Ewell Mullen, against J. M. Walton, as administrator of the estate of Martha A. Ewell, deceased, and the heirs of said Martha A. Ewell. The following facts were averred in the bill: Complainant was the only daughter of J. B. Ewell, deceased, who died in Waco, Texas, in October, 1865, leaving surviving him his second wife, Martha A. Ewell, and the complainant, who was then a child of 11 years of age. Mrs. Martha A. Ewell, the widow…
1Opinion of the Court
SIMPSON, J.-
The bill in this case was filed by the appellant against appellee, for the purpose of forcing an accounting and settlement of an express trust created by the will of appellant’s father, under which appellant’s step-mother (appellee’s intestate) became trustee, more’ than twenty years before the filing of the bill, when appellant Avas only eleven years of age.
The case comes up on the decree of the chancery court, sustaining demurrers to the bill and granting the motion t< - dismiss for want of equity, and the only question raised by the assignments of error is whether or not the *172app…
2Cases cited12 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- James v. JamesSupreme Court of Alabama · 1876
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3Cited by4 opinions
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