Smith v. Kennard's
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. John Foster. The bill in this case was filed, in September, 1840, by Silas M. Smith and wife, with others, claiming as legatees under the will of James J. Rennard, deceased, against Henry King, the executor, and the sureties on his several official bonds ; and sought a recovery of the complainants* legacies, an account, and settlement of the' estate.
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon. John Foster. The bill in this case was filed, in September, 1840, by Silas M. Smith and wife, with others, claiming as legatees under the will of James J. Rennard, deceased, against Henry King, the executor, and the sureties on his several official bonds ; and sought a recovery of the complainants* legacies, an account, and settlement of the' estate. The testator died in Madison county, the place of his residence, in October, 1824; and his last will and testament, of which he appointed Henry King and Stephen King the executors,…
1Opinion of the CourtStone, J.
The will of Mr. Kennard, out of which this litigation has grown, imposed active duties and trusts on his executors, to continue until the youngest child should come of age, oi; marry. Among these active dutes was the direction to hire out the slaves, Caroline, Charlotte, Liza, Dave, Big Eady, Little Eady, Rachel, and Amanda ; and when that event — the majority or marriage of his youngest child — should come to pass, then the executors were directed to sell said slaves for general distribution among all of testator’s children. The will also gave to each of the minor children, of whom there…
2Cases cited13 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Gould v. HayesSupreme Court of Alabama · 1851
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Bendall's Distributees v. Bendall's Adm'rSupreme Court of Alabama · 1854
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. Mescalero Apache TribeUnited States Court of Claims · 1975
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Webb v. WebbSupreme Court of Alabama · 1948
- Alexander v. BatesSupreme Court of Alabama · 1899
- Kingsbury v. PowersIllinois Supreme Court · 1889
15 more not listed; retrieve them via the Exa API.