Ridley v. McNairy
Tennessee Supreme Court
John McNairy, having made his last will and testament, died in the county of Davidson, leaving a very large real and personal estate. His executors, devisees and legatees on the 13th day of April, 1838, filed a bill in the chancery court at Franklin, praying that an account of the real and personal estate of the testator might be taken, and the trusts of the will executed under the supervision of the chancery court.
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John McNairy, having made his last will and testament, died in the county of Davidson, leaving a very large real and personal estate. His executors, devisees and legatees on the 13th day of April, 1838, filed a bill in the chancery court at Franklin, praying that an account of the real and personal estate of the testator might be taken, and the trusts of the will executed under the supervision of the chancery court. This testament made a disposition -of all the real estate belonging to the deceased, without s^e-. cifying what lands he considered himself the owner of, or intended’ to devise.…
1Opinion of the CourtReese, J.
Upon the first point discussed in the case before us, we are of opinion, that it results from the principles established by this court, in the case of Patton vs. McLure, M. &. Y. Rep., that where, in a parol contract of gift, or sale, a decree for a specific performance is refused, because, within the act of 1801, ch. 25, an injunction will not be granted to protect or quiet the possession of the donee or vendee.
2. We are of opinion, that where the owner of real estate puts a relative into possession thereof, for the purpose of cultivating and improving the same, under the promise of a future…
2Cases cited1 opinion
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
3Cited by2 opinions
- Uhlhorn v. KeltnerCourt of Appeals of Tennessee · 1986
- Keith Edward Garrett v. Priscilla Louise Garrett, Estate of Luther Gaston GarrettCourt of Appeals of Tennessee · 2005