Fleming v. Walker
Supreme Court of Alabama
Bill for the Removal of Trustees and the Appointment of Others, and to Oharge the Removed Trustees With a Devastavit. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre.
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Bill for the Removal of Trustees and the Appointment of Others, and to Oharge the Removed Trustees With a Devastavit. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Joseph J. Walker and others against David Fleming and another as co-trustees for Walter Alsop, for an accounting by defendants as trustees of the said Walter Alsop, and as executors of the estate of Sarah Alsop, deceased, and to charge Fleming for a devastavit alleged to have been committed as to the funds belonging to Walter Alsop. There was judgment charging defendants as trustees, but not as…
1Opinion of the CourtAnderson, J.
“The rule is that a devastavit by one of two or more executors or administrators shall not charge his companion, provided he has not intentionally or otherwise contributed to it,” and, of course, upon the further fact that he has not made himself liable by the execution of a bond. — Turner v. Wilkins, 56 Ala. 173; Knight v. Haynie, 74 Ala. 542; Williams v. Harrison, 19 Ala. 277; Woerner’s American Law of Administration, vol. 2, § 738; Hinson v. Williamson, 74 Ala. 180. It appears from the evidence that the entire fund left by the testatrix, Mrs. Alsop, had been loaned Billing, and he held it…
2Cases cited7 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Williams v. HarrisonSupreme Court of Alabama · 1851
- Seawell v. Buckley's DistributeesSupreme Court of Alabama · 1875
- Governor v. ReadSupreme Court of Alabama · 1862
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3Cited by4 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Braasch v. WorthingtonSupreme Court of Alabama · 1915
- Badham v. BadhamSupreme Court of Alabama · 1943
- Woods v. ChrissingerSupreme Court of Alabama · 1937