Foxworth v. White
Supreme Court of Alabama
Appeal from tlie Chancery Court of Wilcox. Heard before the Hon. Charles Turner. The bill in this case was tiled on the 6th December, 1875, by Eliza M. White and others, children of Caleb E. White, deceased, who, being infants, sued by their mother as next friend, claiming as legatees under the will of Mrs. Eliza F. McNeill, deceased; against Francis G. Foxworth, both individually and as executor, and against his wife and children, and several other persons claiming under or…
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Appeal from tlie Chancery Court of Wilcox. Heard before the Hon. Charles Turner. The bill in this case was tiled on the 6th December, 1875, by Eliza M. White and others, children of Caleb E. White, deceased, who, being infants, sued by their mother as next friend, claiming as legatees under the will of Mrs. Eliza F. McNeill, deceased; against Francis G. Foxworth, both individually and as executor, and against his wife and children, and several other persons claiming under or through him ; and sought to set aside a settlement of said executor’s accounts which had been made in the Probate…
1Opinion of the CourtBrickell, C. J.
The first and second items of the will of the testatrix contain specific bequests. The third and fourth items read as follows: “ Item thvrd. My will and desire is, that the balance of my negro property, mules, stock of all kinds, mill, gin, &c., which I now or may hereafter own at my death, shall be kept together on my plantation, for the term of ten years, and used and worked thereon; and the moneys therefrom, after paying the expenses of the same, to go to the education of all my beloved brother F. G. Foxworth’s children, except Dudley, Ellen and Cordelia.” u Item fourth. It is further my…
2Cases cited21 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- James v. JamesSupreme Court of Alabama · 1876
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Florentine v. BartonSupreme Court of the United States · 1865
- Landford v. DunklinSupreme Court of Alabama · 1882
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3Cited by21 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Evans v. EvansSupreme Court of Alabama · 1917
- Randolph v. VailsSupreme Court of Alabama · 1912
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
16 more not listed; retrieve them via the Exa API.