Fearn v. Ward
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 7th February, 1878, by F. P. Ward, as the administrator de bonis non, with the will annexed of Thomas Fearn, deceased, against the administrator of tbe estate of Robert Eearn,.deceased, together with his widow (Eliza Lee Eearn), his infant daughter (Kate Coles Eearn), and James I. Donegan.
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Appeal from the Chancery Court of Marshall. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 7th February, 1878, by F. P. Ward, as the administrator de bonis non, with the will annexed of Thomas Fearn, deceased, against the administrator of tbe estate of Robert Eearn,.deceased, together with his widow (Eliza Lee Eearn), his infant daughter (Kate Coles Eearn), and James I. Donegan. Its object and purpose was to reach and subject to the satisfaction of a judgment, which the complainant, as administrator of said Thomas Eearn, had paid, and on which said Thomas Eearn was…
1Opinion of the CourtSomeryille, J.
— This is a creditor’s bill, filed by the appellee, for the purpose of subjecting to the payment of his claim the proceeds of a policy of insurance on the life of one Robert Eearn, the debtor, which was made payable to one of his children, Kate Coles Eearn, and was subsequently col*37lected, and invested in a mortgage security, after the death of the assured. The bill alleges the insolvency of the deceased at the time the insurance was effected, and also at the date of his death; and that he had a wife and several other children, besides the beneficiary of the policy.
In the year 1857, Thomas…
2Cases cited5 opinions
- Gunn v. BarrySupreme Court of the United States · 1873
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Stone v. Knickerbocker Life InsuranceSupreme Court of Alabama · 1875
3Cited by22 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Keel v. LarkinSupreme Court of Alabama · 1882
- Guarantee Loan & Trust Co. v. FayWashington Supreme Court · 1896
- Fearn v. WardSupreme Court of Alabama · 1886
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