High v. Worley
Supreme Court of Alabama
Appeal from the Chancery Court of Balias. Heard before the Hon. James B. Clark. The facts of this case, as presented by the bill, are these: Adonijah "Worley died, in said county of Dallas, in the year 1830, after having executed his last will and testament, which was duly admitted to probate after his death, and which contained the following clause: “It is my wish and desire, that all the lands which I own, adjoining the town of Selma, may be held and retained by my…
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Appeal from the Chancery Court of Balias. Heard before the Hon. James B. Clark. The facts of this case, as presented by the bill, are these: Adonijah "Worley died, in said county of Dallas, in the year 1830, after having executed his last will and testament, which was duly admitted to probate after his death, and which contained the following clause: “It is my wish and desire, that all the lands which I own, adjoining the town of Selma, may be held and retained by my executor, for the use and support of my wife and children, together with two female slaves, all the household and kitchen…
1Opinion of the Court
"WALKER, J.
It is a well recognized principle of equity jurisprudence, that the court of chancery will consider land, directed to be sold and converted into money, as money.—Adams’ Equity, 136; 2 Story’s Equity, 115, § 790; ib. 6.27, § 1212; Willard’s Equity, 47, 298, 299. The testator, Adonijah Worley, directed that the land should be retained by the executor, for the use and support of his wife and children, until his daughter Eanny Ann attained the age of sixteen years; that it should then be sold, and that the proceeds of the sale should be equally divided between his wife and children,…
2Cases cited3 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Commonwealth v. Martin's ExecutorsSupreme Court of Virginia · 1816
- Hannah v. SwarnerSupreme Court of Pennsylvania · 1842
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- Fibreboard Paper Products Corp. v. East Bay Union of MacHinists, Local 1304California Court of Appeal · 1964
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Beaver v. RossSupreme Court of Iowa · 1908
- Ward Manufacturing Co. v. MileyCalifornia Court of Appeal · 1955
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