Shelton v. Carpenter
Supreme Court of Alabama
Appeal from tbe Chancery Court of Greene. Heard before tbe Hon. A. W. Dillard. Tbe original bill in this case was filed on tbe 7tb September, 1871, by John C. Sbelton, as a creditor of tbe estate of Willis Crensbaw, deceased, on behalf of himself and tbe other creditors of said estate, or so many of them as might come in and contribute to tbe expenses of the suit, against John N. Carpenter individually, and as executor of tbe last will and testament of said Willis Crensbaw;…
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Appeal from tbe Chancery Court of Greene. Heard before tbe Hon. A. W. Dillard. Tbe original bill in this case was filed on tbe 7tb September, 1871, by John C. Sbelton, as a creditor of tbe estate of Willis Crensbaw, deceased, on behalf of himself and tbe other creditors of said estate, or so many of them as might come in and contribute to tbe expenses of the suit, against John N. Carpenter individually, and as executor of tbe last will and testament of said Willis Crensbaw; and against tbe widow and children of said Crensbaw, as legatees under his will; and against the administrator and…
1Opinion of the CourtBrickell, C. J.
The power of the executor to sell for the payment of debts, is distinct from, and must not be confounded with, the power to sell for the purpose of raising an interest-bearing fund for the benefit of Mrs. Crenshaw, *210during her life, and for the purpose of making a distribution according to the terms of the will. The powers are intended for wholly distinct purposes, and are expressed in different terms. The first is general — to sell any part of the estate of the testator; and the terms of the sale, whether for cash, or on credit, or, if on credit, the time of credit, and whether security shall…
2Cases cited9 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Williamson v. MasonSupreme Court of Alabama · 1853
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nance v. GraySupreme Court of Alabama · 1904
- Anderson v. SteinerSupreme Court of Alabama · 1927
- Maryland Casualty Co. v. HolmesSupreme Court of Alabama · 1935
- Carter v. OdomSupreme Court of Alabama · 1898
- Byrd v. JonesSupreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.