Legal Opinion

Powell v. Labry

Supreme Court of Alabama

Decided January 12, 1922No. 6 Div. 546PublishedCited by 6 opinions

Appeal from Circuit Court, Jefferson County; J. B. Aird, Judge. Bill by Mary Lyman Stone Labry against Hattie Lyman Powell, as executrix, and others, for the construction of the will of W. E.. Lyman, deceased, and for removal of the administration of the estate from the probate to the circuit court. Prom a decree overruling the demurrers to the bill as amended, respondents appeal.

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Appeal from Circuit Court, Jefferson County; J. B. Aird, Judge. Bill by Mary Lyman Stone Labry against Hattie Lyman Powell, as executrix, and others, for the construction of the will of W. E.. Lyman, deceased, and for removal of the administration of the estate from the probate to the circuit court. Prom a decree overruling the demurrers to the bill as amended, respondents appeal. The amendment to the bill consisted largely in striking of parties complainant and in adding parties respondent, who are either legatees or devisees under the will. The original bill alleges the necessity for the…

1Opinion of the CourtMcOLELLAN, J.

[1] The hill as amended stood with Mary Lyman Stone Labry-as sole complainant. She is a daughter, heir at law, and distributee of tlie estate of Robert I. Stone, deceased, wbo was a devisee under the will of W. F. Lyman, deceased. It is averred that complainant is a devisee under the will of said Lyman, deceased; that she “is entitled to receive the share” of said Stone, her father (now deceased), under the will of said Lyman. It is also averred that the estate of Lyman may be better administered in a court of equity, the probate court not having made final settlement of the estate of said…

2Cases cited1 opinion

  1. Ashurst v. AshurstSupreme Court of Alabama · 1912

3Cited by6 opinions

  1. Hinson v. NaugherSupreme Court of Alabama · 1922
  2. Powell v. LabrySupreme Court of Alabama · 1923
  3. Bynum v. BrewerSupreme Court of Alabama · 1927
  4. Ex Parte PettusSupreme Court of Alabama · 1944
  5. Reid v. ArmisteadSupreme Court of Alabama · 1933

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