Molton v. Henderson
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. Chas. Turner. The bill in this case was filed by the appellant, William P. Molton, by next friend, against the appellee, Green C. Henderson, and seeks to have certain lands, then in the possession of Henderson, declared subject to the trusts created by the will of Thomas Molton, the father of complainant, for his benefit.
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Appeal from Elmore Chancery Court. Heard before Hon. Chas. Turner. The bill in this case was filed by the appellant, William P. Molton, by next friend, against the appellee, Green C. Henderson, and seeks to have certain lands, then in the possession of Henderson, declared subject to the trusts created by the will of Thomas Molton, the father of complainant, for his benefit. The facts may be thus stated: Thomas Molton owned the lands and died in 1845, leaving a last will and testafment, by which he devised the lands in question to “John Henly and Catherine Molton, and the survivor of them,…
1Opinion of the CourtBrickell, C. J.
The case ais before the court on an assignment of errors by the appellant, and a cross assignment by the appellee. The latter are addressod to the equity of the bill, and, if well taken, are fatal to the appellant’s right of relief, and a consideration of the former is unnecessary.
1. The legal estate in the lands in controversy, was devised to John Henly and Catherine Molton, or the survivor of them, in trust, for the use and benefit of the appellant, William P., during his natural life ; but if, at any time, he should be restored to reason, the trustees were required to convey the lands to…
2Cases cited12 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- McCurry v. HooperSupreme Court of Alabama · 1848
- Riggs v. FullerSupreme Court of Alabama · 1875
- Miller v. StateSupreme Court of Alabama · 1863
- Dillingham v. BrownSupreme Court of Alabama · 1862
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3Cited by26 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Allen v. KellamSupreme Court of Alabama · 1881
- Swann v. ThayerWest Virginia Supreme Court · 1892
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