Werborn v. Austin
Supreme Court of Alabama
Appeal fro.m .the Chancery Court of Mobile. ‘ Heard before the Hon. John A. Foster.1 . ■The original bill ip this case was filed on the ■ 7th May, 1884, by Mrs. Adolpha M. Austin, a married woman, against-Mrs, Amanda M. Pijmey, who was her mother, and George F. ’Whrborn, who was the executor of the last will and testament of Adolph M. Solomon, her deceased father; and' sought to compel an account and settlement by said Wer.born, both- as executor and as trustee, of his…
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Appeal fro.m .the Chancery Court of Mobile. ‘ Heard before the Hon. John A. Foster.1 . ■The original bill ip this case was filed on the ■ 7th May, 1884, by Mrs. Adolpha M. Austin, a married woman, against-Mrs, Amanda M. Pijmey, who was her mother, and George F. ’Whrborn, who was the executor of the last will and testament of Adolph M. Solomon, her deceased father; and' sought to compel an account and settlement by said Wer.born, both- as executor and as trustee, of his management of the estate. On appeal to this court from a decretal order overruling a demurrer to the bill, it was held that…
1Opinion of the CourtStone, C. J.
— The only amendment of the bill, of which the record gives notice, was the addition of the name of Hiram S', Austin as co-complainant with Adolpha M. Austin, his wife, who was made sole complainant in the original bill. Whatever may have been the extent of the amendment, it appears to have been made in the face of the original bill, by interlineation with ink of a different color. In such case, a foot-note has no office to perform, and its omission furnishes no ground of demurrer.
The present bill was filed in 1884, about six months after the meritorious complainant became of age. Three years…
2Cases cited10 opinions
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- Harrison v. HeflinSupreme Court of Alabama · 1875
- Garrett v. GarrettSupreme Court of Alabama · 1881
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- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
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