Montgomery v. Givhan
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Heard before the Hon. Anderson Crenshaw. This bill was filed, in 1848, by Jane Montgomery, suing by her next friend, against her husband, Robert B. Montgomery, and the executor, legatees and distributees of her father, Job P. G-ivhan; its object was to compel a settlement and account from the executor, a distribution of the estate, and a settlement of complainant's portion upon her for her separate support and maintenance, her husband…
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Error to the Chancery Court of Lowndes. Heard before the Hon. Anderson Crenshaw. This bill was filed, in 1848, by Jane Montgomery, suing by her next friend, against her husband, Robert B. Montgomery, and the executor, legatees and distributees of her father, Job P. G-ivhan; its object was to compel a settlement and account from the executor, a distribution of the estate, and a settlement of complainant's portion upon her for her separate support and maintenance, her husband being insolvent. The record is very voluminous, but it is unnecessary to give a detailed statement of the allegations of…
1Opinion of the CourtChilton, J.
We have given to the record in this case a laborious examination, and proceed to state, as briefly as we can, the conclusions we have attained.
1. It is very clear, that the voluntary deed executed by the testator, and which, since his death, has been set aside by the Court of Chancery in South Carolina, can have no legitimate influence upon the decision of this cause ; first, for the reason, that both the executor and the legatees undér the will seem uniformly to have regarded it as inoperative; and, secondly, the bill proceeds under the will for distribution, and not under the deed, and the…
2Cases cited5 opinions
- McKinley v. IrvineSupreme Court of Alabama · 1848
- McLane v. SpenceSupreme Court of Alabama · 1844
- Harrison v. MockSupreme Court of Alabama · 1846
- Saltmarsh v. BeeneSupreme Court of Alabama · 1837
- Stewart v. LewisSupreme Court of Alabama · 1849
3Cited by17 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Alston v. AlstonSupreme Court of Alabama · 1859
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
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