Legal Opinion

Creamer v. Holbrook

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 12 opinions

Appeal from the Chancery Court of Cleburne. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on June 22, 1889, by the appellees, who were the brothers and sisters of Matthew Creamer, deceased, and the descendants of such brothers ancl sisters who had died, against the appellant, David Creamer, as executor and trustee under the last will and testament of Matthew Creamer, deceased.

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Appeal from the Chancery Court of Cleburne. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on June 22, 1889, by the appellees, who were the brothers and sisters of Matthew Creamer, deceased, and the descendants of such brothers ancl sisters who had died, against the appellant, David Creamer, as executor and trustee under the last will and testament of Matthew Creamer, deceased. The prayer of the bill was that the Chancery Court would take charge of so much of the estate of Matthew Creamer, deceased, as was involved in this controversy, and hold it subject to the…

1Opinion of the CourtWalken, J.

Matthew Creamer by his last will devised all his property to his executors in trust for uses and purposes specified in the will. The executors were authorized in the exercise of their judgment, if they should deem it to the interest of the estate, to sell any of the property of the estate at private or public sale, and to invest or dispose of the proceeds of such sales in carrying out the provisions of the trust. Two residents of California, where the testator resided, were named as executors in that State, the will expressly providing that they were to be accountable only for the moneys or…

2Cases cited10 opinions

  1. Robertson v. BradfordSupreme Court of Alabama · 1882
  2. McCarthy v. McCarthySupreme Court of Alabama · 1883
  3. Hinson v. WilliamsonSupreme Court of Alabama · 1883
  4. Foxworth v. WhiteSupreme Court of Alabama · 1882
  5. Bell v. CraigSupreme Court of Alabama · 1875

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3Cited by12 opinions

  1. Pearce v. PearceSupreme Court of Alabama · 1917
  2. Bearden v. Texas Co.Court of Appeals of Texas · 1931
  3. Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.California Court of Appeal · 1932
  4. State v. UnderwoodWyoming Supreme Court · 1939
  5. Estate of PhelpsCalifornia Supreme Court · 1919

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