Randle v. Carter
Supreme Court of Alabama
Appeal from Bullock Chancery Court. Heard before Hon. B. B. McCraw. This was a bill filed by tbe appellee, Kate Carter, by next friend, against tbe appellants, E. Troupe Randle, Mary A. Randle, and others, who are respectively tbe administrator, lieirs-at-law, and tbe creditors of James E. Carter, deceased.
Read the full summary
Appeal from Bullock Chancery Court. Heard before Hon. B. B. McCraw. This was a bill filed by tbe appellee, Kate Carter, by next friend, against tbe appellants, E. Troupe Randle, Mary A. Randle, and others, who are respectively tbe administrator, lieirs-at-law, and tbe creditors of James E. Carter, deceased. Tbe bill alleges that James E. Carter died testate, in Macon county, Ala., in January, 1866, leaving a last will and testament, which was duly admitted to probate, and possessed of a large estate, both real and personal. This will contains the following item: “I further will that my boy…
1Opinion of the CourtBrickell, C. J.
It is not important to determine whether the bequest to the appellee and her deceased brother, is vested or contingent. The period for the payment had not arrived, and whether the legacy is vested or contingent, the only relief she could claim, was payment into court, or security for payment, if the debts of the testator were paid, or in the course of proper administration, ought to have been paid, and the administrator had assets which were liable to satisfy the legacies. Formerly, it seems, a court of equity would not intervene, at the instance of a pecuniary legatee, whose legacy was…
2Cases cited8 opinions
- Ex parte WalkerSupreme Court of Alabama · 1854
- Foscue v. LyonSupreme Court of Alabama · 1876
- State Bank v. EllisSupreme Court of Alabama · 1857
- Edwards v. GibbsSupreme Court of Alabama · 1847
- McGuire v. ShelbySupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Livingston v. LivingstonSupreme Court of Alabama · 1923
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
19 more not listed; retrieve them via the Exa API.