Cowles v. Pollard
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Feldeb. The original bill in this case was filed in May, 1878, by Charles T. Pollard, as the executor of the last will and testament of Thomas M. Cowles, deceased, against Thomas W. Cowles and his wife, Laura S. Cowles; and sought to foreclose a mortgage, executed by the defendants, to secure the unpaid purchase-money of a certain tract of land, which the complainant, as executor, had sold in…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Feldeb. The original bill in this case was filed in May, 1878, by Charles T. Pollard, as the executor of the last will and testament of Thomas M. Cowles, deceased, against Thomas W. Cowles and his wife, Laura S. Cowles; and sought to foreclose a mortgage, executed by the defendants, to secure the unpaid purchase-money of a certain tract of land, which the complainant, as executor, had sold in December, 1859, under a decree of the said chancery court. The said lands were devised by said Thomas M. Cowles to said Thomas…
1Opinion of the CourtPeters, C. J.
It is now well settled in this State, that where the trusts of a will are doubtful, or the personal representative may have difficulty, or be embarrassed in the execution of such trusts, a court of equity will, at his instance, take jurisdiction to construe the will, and aid and direct the administrator or executor in the performance of his duties. Sellers v. Sellers, 35 Ala. 235; Trotter v. Blocker, 6 Porter, 269. Such has been the proceeding in this case. And when a court of chancery once takes jurisdiction of an administration, on any ground of equitable interposition, the cause will be…
2Cases cited12 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Trotter v. BlockerSupreme Court of Alabama · 1838
- Hunley v. HunleySupreme Court of Alabama · 1848
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Ashurst v. AshurstSupreme Court of Alabama · 1912
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Carroll v. RichardsonSupreme Court of Alabama · 1888
- Upshaw v. EubankSupreme Court of Alabama · 1933
6 more not listed; retrieve them via the Exa API.