Vann v. Vann
Supreme Court of Alabama
Appeal from Bussell Chancery Court. Heard before Hon. Jira. Al Fostee. The bill in this cause was filed on 6th October, 1880, by Joseph Vann against the surviving executrix and the devisees.of Joseph M. Vann, deceased, and the case made thereby is as follows: Joseph M. Vann departed this life in 1859, seized and possessed of a large and valuable estate, consisting in part of a plantation and slaves and other personal property, and leaving a last will and testament, in which…
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Appeal from Bussell Chancery Court. Heard before Hon. Jira. Al Fostee. The bill in this cause was filed on 6th October, 1880, by Joseph Vann against the surviving executrix and the devisees.of Joseph M. Vann, deceased, and the case made thereby is as follows: Joseph M. Vann departed this life in 1859, seized and possessed of a large and valuable estate, consisting in part of a plantation and slaves and other personal property, and leaving a last will and testament, in which the testator nominated Henry M. Vann, his brother, and Elizabeth Vann, his wife, as his executor and executrix, and…
1Opinion of the CourtStone, J.
The decree of the chancellor rendered in this cause must be affirmed on two grounds. The debt,, for the payment of which the bill seeks to have the lands of the testator sold, was contracted by the executors in 1861, and, at that time, imposed only a personal liability on them. For aught that appears in the bill, the executors may have been largely in default to the estate, and the will gives them no power to contract debts on the credit of the estate. And, as a debt against the lands devised, the claim had long been barred by the limitation of six years, when the present bill was…
2Cases cited3 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Maybury v. GradySupreme Court of Alabama · 1880
- Vanderveer v. WareSupreme Court of Alabama · 1880
3Cited by3 opinions
- Foster v. FeatherstonSupreme Court of Alabama · 1935
- Pointer v. Farmers' Fertilizer Co.Supreme Court of Alabama · 1935
- McCalley v. Wilburn & Co.Supreme Court of Alabama · 1884