Harden v. Darwin & Pulley
Supreme Court of Alabama
Appeal from the Chancery Court of Madison.. The record does not show the name of the chancellor. The bill in this case was filed on the 5th December, 1879, by Darwin & Pulley, merchants and partners in trade, against the personal representative and children of Benjamin L, Harden, deceased, the children being also devisees under the will of his deceased wife, Mrs., Anne E. Harden and Mrs-. Mary B. Miller was also joined as a defendant..
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Appeal from the Chancery Court of Madison.. The record does not show the name of the chancellor. The bill in this case was filed on the 5th December, 1879, by Darwin & Pulley, merchants and partners in trade, against the personal representative and children of Benjamin L, Harden, deceased, the children being also devisees under the will of his deceased wife, Mrs., Anne E. Harden and Mrs-. Mary B. Miller was also joined as a defendant.. The bill sought, principally, a foreclosure of two mortgages on the same tract of land, executed by the said Benjamin L. Harden, an account of the mortgage…
1Opinion of the CourtSomebyille, J.
The principle is well settled, without conflict among the authorities, that a married woman could, at common law, act as trustee, not being incapacited to do so by the fact of coverture. — 1 Bish' Marr. Women, § 700; 2 lb. § 115; 1 Perry on Trusts, §§ 48-9; Hill on Trustees, 48; Lewin on Trusts and Trustees, 34-35. And the principle is, in a measure, strengthened by the policy of modern legislation, which has established a system of “ married women’s laws,” encouraging the tenure by femmes covert of separate estates in their own name, and for their own benefit, and conferring on them the…
2Cases cited7 opinions
- Cotton v. WoodSupreme Court of Iowa · 1868
- Robison v. RobisonSupreme Court of Alabama · 1870
- Helmetag v. FrankSupreme Court of Alabama · 1878
- Lang v. Waters' AdministratorSupreme Court of Alabama · 1872
- Barclay v. PlantSupreme Court of Alabama · 1874
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3Cited by14 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Montgomery v. McNuttSupreme Court of Alabama · 1926
- Bates v. KellySupreme Court of Alabama · 1885
- Insurance Co. of Tennessee v. WallerTennessee Supreme Court · 1905
- Hawkins v. PearsonSupreme Court of Alabama · 1892
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