McDowell v. Brantley
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. N. S. Graham. This was a bill in equity exhibited by Nancy A. Brantley and her children, Charles C., Adaline R., Sally and Kate Brantley, against their trustee, R. H. Dawson; John R. Me Dowell, the surviving surety on his bond, and Mrs. M. M. Burford, administratrix of M. M. Burford, deceased, who was McDowell’s co-surety on said bond.
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Appeal from Wilcox Chancery Court. Heard before Hon. N. S. Graham. This was a bill in equity exhibited by Nancy A. Brantley and her children, Charles C., Adaline R., Sally and Kate Brantley, against their trustee, R. H. Dawson; John R. Me Dowell, the surviving surety on his bond, and Mrs. M. M. Burford, administratrix of M. M. Burford, deceased, who was McDowell’s co-surety on said bond. By her last will and testament, which was duly admitted to probate in October, 1856, Sarah McMillan, the mother of oratrix Nancy H. Brantley and the grandmother of her co-complainants, devised and bequeathed…
1Opinion of the CourtStone, C. J.
Under the provisions of Sarah McMillan’s will, the trustee was required to take care of the fund, to pay the profits and interest annually to her daughter, Nancy H. Brantley, “ for the-use and support of herself and her children during her natural life, and at her death the whole of said property to go to and become the absolute property of the lawful heirs of my said daughter in [equal ?] shares and proportions.” The present bill was filed by Mrs. Nancy H. Brantley and her children as co-complainants, and charges and alleges “ that the trust fund which was received by the trustee [$4,700]…
2Cases cited15 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- McDowell v. JonesSupreme Court of Alabama · 1877
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Yniestra v. TarletonSupreme Court of Alabama · 1880
- Pinkston v. HuieSupreme Court of Alabama · 1846
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3Cited by11 opinions
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- Cook v. CastleberrySupreme Court of Alabama · 1937
- Radichel v. Federal Surety Co.Supreme Court of Minnesota · 1927
- People's Savings Bank v. ChesleySupreme Judicial Court of Maine · 1942
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