Askew v. Myrick
Supreme Court of Alabama
Appeal from Chancery Court of Lee, Heard before Hon. N. S. Graham. The facts are stated in the opinion. The right given by the act of 1872-3 is of that character over which equity exercises jurisdiction, and hence the remedy given at law is cumulative. — ■ Waldron, Islcy & Go. v. Simmons, 28 Ala. 629. There is no equity in the bill. But for the act of the legislature, appellant had not a right to proceed directly against the trust estate, either at law or in equity.
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Appeal from Chancery Court of Lee, Heard before Hon. N. S. Graham. The facts are stated in the opinion. The right given by the act of 1872-3 is of that character over which equity exercises jurisdiction, and hence the remedy given at law is cumulative. — ■ Waldron, Islcy & Go. v. Simmons, 28 Ala. 629. There is no equity in the bill. But for the act of the legislature, appellant had not a right to proceed directly against the trust estate, either at law or in equity. That act giving a new remedy and providing a mode for its enforcement, it and none other remedy must be pursued. — Simmons v.…
1Opinion of the CourtBrickell, C. J.
The will of the testatrix is in these words: “I give and bequeath all my property, both real and personal, to my husband, J. W. Myrick, to have for his own and children’s use, to be disposed of and given to his children as he may see proper, either before or after his death, but in no wise to be subjected to his, the said J. W. Myxick’s, debts.” At the death of the testatrix, she had three children born of her marriage, who were minors. The estate devised and bequeathed was the statutory separate estate of the testatrix. After the death of the wife, and the probate of the will, the husband,…
2Cases cited5 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
- Coopwood v. WallaceSupreme Court of Alabama · 1848
- Wade v. PopeSupreme Court of Alabama · 1870
- Lyon v. Hays' Adm'rSupreme Court of Alabama · 1857
3Cited by11 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Taylor v. CrookSupreme Court of Alabama · 1902
- Mosely & Eley v. NormanSupreme Court of Alabama · 1883
- Blackshear v. BurkeSupreme Court of Alabama · 1883
- Kibbe v. ScholesSupreme Court of Alabama · 1929
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