Legal Opinion

Leavens v. Butler

Supreme Court of Alabama

Decided January 15, 1839PublishedCited by 15 opinions

Error to the County court of Mobile. Proceedings against an executor. . On the thirtieth day of March, eighteen hundred and thirty-five, Joshua B. Leavens, then of the city of Mobile, made and published his last will and testament, by which, after making an appropriate provision for his funeral, he proceeded as follows: “It is also my will, that my executors hereinafter named, should effectually, and to all intents and purposes, protect, indemnify, and save harmless all the…

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Error to the County court of Mobile. Proceedings against an executor. . On the thirtieth day of March, eighteen hundred and thirty-five, Joshua B. Leavens, then of the city of Mobile, made and published his last will and testament, by which, after making an appropriate provision for his funeral, he proceeded as follows: “It is also my will, that my executors hereinafter named, should effectually, and to all intents and purposes, protect, indemnify, and save harmless all the other partners of the firm of St. John & Leavens, against any actual, or contingent liability, loss or injury, imposed…

1Opinion of the Court

To recapitulate, we are of opinion—

First — That the County court cannot decree distribution of'an estate against the executor where by so doing the testator’s intentions would be defeated.

Second — That in the present case, the decree of the County court, if sustained, would most probably defeat the testator’s intent

*403Third — That a legatee cannot, in all cases, immediately after the expiration of eighteen months from the grant of letters testamentary, coerce a payment of his legacy.

Fourth — That the decree of the County court is erroneous, in assuming jurisdiction over- the lands of the tes…

2Cited by15 opinions

  1. Whorton v. MoragneSupreme Court of Alabama · 1878
  2. Watts v. GayleSupreme Court of Alabama · 1852
  3. Hinson v. WilliamsonSupreme Court of Alabama · 1883
  4. Foxworth v. WhiteSupreme Court of Alabama · 1882
  5. Harrison v. HarrisonSupreme Court of Alabama · 1846

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