Taylor v. Harwell
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 4th January, 1871, by John W. Hughes, Mason Harwell, and Y. S. Perkins, as judgment creditors of William T. Charles, against their said debtor, and also against Thomas B. Taylor, Fanny Taylor, and the administrator and heirs at law of Mary Groodwyn, nee Mary Charles, deceased; and sought to reach and subject to the satisfaction of the complainants’ several…
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Appeal from tbe Chancery Court at Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the 4th January, 1871, by John W. Hughes, Mason Harwell, and Y. S. Perkins, as judgment creditors of William T. Charles, against their said debtor, and also against Thomas B. Taylor, Fanny Taylor, and the administrator and heirs at law of Mary Groodwyn, nee Mary Charles, deceased; and sought to reach and subject to the satisfaction of the complainants’ several judgments, on which executions had been returned “ No property found,” the interest of said William T. Charles in certain…
1Opinion of the Court
BRICKELL, C. 3".
— -The first proposition presented and discussed by the counsel for the appellants, which we propose to consider, is, that the legacy to Fanny Taylor is charged, not only on the profits of the plantation, but on the corpus, or principal of the property, real and personal, devised and bequeathed in trust for Mary and William Charles, if, as has proved to be the case, the annual profits, after supporting and maintaining Mary and William, would not, when she attained twenty-one years of age, the time when the legacy was payable, yield a sum sufficient for its payment. Pc is…
2Cases cited5 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Robertson v. JohnstonSupreme Court of Alabama · 1860
- Jackson ex dem. Herkimer v. BillingerNew York Supreme Court · 1820
3Cited by20 opinions
- Stiles v. BrownSupreme Court of Alabama · 1980
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Blakeney v. DuboseSupreme Court of Alabama · 1910
- McDonald v. McDonaldSupreme Court of Alabama · 1890
- Tolles v. WoodNew York Court of Appeals · 1885
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