Carroll v. Kelly
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Jere.N. Williams. The bill in this case was filed on January 20th, 1894, by the appellee, Sarah E. Kelly,'againt the appellants.
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Appeal from the Chancery Court of Butler. Heard before the Hon. Jere.N. Williams. The bill in this case was filed on January 20th, 1894, by the appellee, Sarah E. Kelly,'againt the appellants. The bill averred that John T. Perry died in Butler county on June 24th, 1887,leaving a last will and testament, in which the complainant was a devisee and legatee, and that under this will J. C. .Richardson, who was named as one of the executors, qualified as executor, and at the time of the filing of the bill was administering the es-' tate in such capacity, never having made final settlement, and not…
1Opinion of the CourtHead, J.
In equity, the agreement between appellant, Carroll, and appellee, Sarah E. Kelly, (complainant below), of July 27, 1887, created in favor of appellee, a charge or lien upon the personal property, or its proceeds, to which said Carroll was or might be entitled, by and under the will- of J. T. Perry and the’ codicil thereto attached ; and it was the duty of Richardson, the executor of Perry, being.notified of the agreement, to pay to said Kelly any money which might accrue in his hands, in the regular administration of his trust, which, but for the agreement, would have been properly payable…
2Cases cited14 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Christmas v. RussellSupreme Court of the United States · 1872
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Kelly v. RichardsonSupreme Court of Alabama · 1892
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3Cited by3 opinions
- Montana v. Alabama Fishermen's & Hunters' Ass'nSupreme Court of Alabama · 1933
- Bank of Florala v. SmithAlabama Court of Appeals · 1914
- Wade v. Brantley & Crawley Const. Co.Supreme Court of Alabama · 1935