Legal Opinion

Mitchell v. Allis

Supreme Court of Alabama

Decided November 25, 1908PublishedCited by 5 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Suit by Jesse J. Mitchell and others, by next friend, against O. D. Allis, as administrator, and another. From a judgment for defendants, complainants appealed.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Suit by Jesse J. Mitchell and others, by next friend, against O. D. Allis, as administrator, and another. From a judgment for defendants, complainants appealed. Bill by the children of J. L. Mitchell, by next friend, against the administrator and administratrix of the estate of J. L. Mitchell, to require the payment by them to the widow and minor children of the proceeds of the life insurance policy on the life of said J. L. Mitchell. The case made by the bill is that the complainants are all minor children of J. L.…

1Opinion of the CourtSimpson, J.

— The bill was filed by the appellants as the minor children of J. L. Mitchell, deceased, against the appellees as the administrator and administratrix of the estate of said J.' L. Mitchell, for the purpose of removing said estate from the probate court, and also to have the proceeds of a certain insurance policy on the life of said J. L. Mitchell declared to be exempt from the claims of creditors, and set apart for the use of the widow (.said administratrix) and complainants.

The only point in controversy is whether or not, under bur statute, the proceeds of said life insurance policy are…

2Cases cited1 opinion

  1. Basye v. AdamsCourt of Appeals of Kentucky · 1883

3Cited by5 opinions

  1. German-American State Bank v. GodmanWashington Supreme Court · 1915
  2. Maclean v. FisherSupreme Court of Florida · 1910
  3. Sheffield Oil Mill v. PoolSupreme Court of Alabama · 1910
  4. Chandler v. TraubSupreme Court of Alabama · 1909
  5. Sherman v. HowesSupreme Court of Rhode Island · 1915

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