Williamson v. Branch Bank at Mobile
Supreme Court of Alabama
Writ of error to the Court of Chancery for the-district of the southern division. The case made by the bill is this: In September, 1836, William Chamberlayne, of the State of Virginia, then possessed of real and personal estates, died, having first made and published his last will and testament, by which, after some two or three other bequests and devises, he made the following : “ I give and bequeath to my niece/’ the complainant, “the sum of six hundred dollars annually,…
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Writ of error to the Court of Chancery for the-district of the southern division. The case made by the bill is this: In September, 1836, William Chamberlayne, of the State of Virginia, then possessed of real and personal estates, died, having first made and published his last will and testament, by which, after some two or three other bequests and devises, he made the following : “ I give and bequeath to my niece/’ the complainant, “the sum of six hundred dollars annually, to be paid by my executor, commencing five years from the day of my death; which said sum is to be applied to the best…
1Opinion of the CourtGoldthwaite, J.
— 1. In the consideration of this case, it is material to take into view the fact, that the will was executed in Virginia, where probate was granted ; and where the executor, who is also the residuary legatee, obtained possession of the slaves now sought to be charged, and which were subsequently removed by the executor to this State, when they were taken in execution to satisfy his individual debts. It is also material to advert to the circumstance, that there is no evidence in the case showing what the laws of Virginia are, with respect to the powers and duties of an executor; if they vary…
2Cases cited5 opinions
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
- Pistole v. StreetSupreme Court of Alabama · 1837
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
- Branch Bank at Huntsville v. RobinsonSupreme Court of Alabama · 1843
- Swoope v. TrotterSupreme Court of Alabama · 1836
3Cited by8 opinions
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Colbert v. DanielSupreme Court of Alabama · 1858
- Colburn v. BroughtonSupreme Court of Alabama · 1846
- Dyer v. Br. Bank at MobileSupreme Court of Alabama · 1848
- Greenhood v. GreenhoodSupreme Court of Alabama · 1904
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