Legal Opinion

Woodruff v. Snedecor

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 5 opinions

Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 18th March, 1879, by Jonathan Bliss (suing for the use of E. P. Snedecor) and others, against Zoromba W. Woodruff and others, for the final settlement of a trust; said Woodruff being the trustee, and the complainants, with some of the defendants, being the parties beneficially interested.

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Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 18th March, 1879, by Jonathan Bliss (suing for the use of E. P. Snedecor) and others, against Zoromba W. Woodruff and others, for the final settlement of a trust; said Woodruff being the trustee, and the complainants, with some of the defendants, being the parties beneficially interested. The trust originated in this way: In October, 1867, Bliss, Mooring and others, judgment creditors-of T. D. Bell and E. G. McMahon, individually and'as partners, sued out executions on their…

1Opinion of the CourtStone, J.

The receipts and disbursements by the trustee, Woodruff, aggregate about $4,350. The nature and character of the trust and trust property show that, in executing the trust, rather unusual trouble and annoyance were to be encountered. Five per cent, on each side of the account, debit and credit, should have been allowed to the trustee.—Magee v. Cowperthwaite, 10 Ala. 966; Gould v. Hayes, 25 Ala. 426; Pinckard v. Pinckard, 24 Ala. 250; 1 Brick. Dig. 978, § 907.

The testimony scarcely justified the charge of one hundred dollars per annum, as rent for the old printing-office. We are not convinced…

2Cases cited4 opinions

  1. Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
  2. Smith v. Kennard'sSupreme Court of Alabama · 1863
  3. Gould v. HaysSupreme Court of Alabama · 1854
  4. Magee v. CowperthwaiteSupreme Court of Alabama · 1847

3Cited by5 opinions

  1. Kenan v. GrahamSupreme Court of Alabama · 1902
  2. In re Grammel's EstateMichigan Supreme Court · 1899
  3. McCollum v. TownsSupreme Court of Alabama · 1983
  4. Armstrong v. ALABAMA NAT. BANK OF MONTGOMERYSupreme Court of Alabama · 1981
  5. Armstrong v. Alabama National Bank of MontgomerySupreme Court of Alabama · 1981

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