Williams v. Pearson
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Heard before the Hon. James B. Clark. The bill in this case Was filed, on the 28th April, i860, by Mrs. Dicey Williams, against Joel E. Pearson, as the guardian of Sally Ann Taylor, deceased, and as the executor of Zealous Taylor, deceased, for an account and settlement of the estate which went into his hands in his double capacity of executor and guardian, Zealous Taylor died in February, 1851, having executed and published his…
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Appeal from the Chancery Court of Pickens. Heard before the Hon. James B. Clark. The bill in this case Was filed, on the 28th April, i860, by Mrs. Dicey Williams, against Joel E. Pearson, as the guardian of Sally Ann Taylor, deceased, and as the executor of Zealous Taylor, deceased, for an account and settlement of the estate which went into his hands in his double capacity of executor and guardian, Zealous Taylor died in February, 1851, having executed and published his last Will and testament, which Was dated the Sth'July, 1848, and duly admitted to probate after his death. By the first…
1Opinion of the CourtR. W. Walker, J.
Tt is not denied that, according to the law of charitable uses, as administered in the English court of chancery, the executory bequests contained in the seventh item of this will would be upheld. But it is insisted, that the authority of the English court of chancery, in regard to donations to charitable uses, so far as it differs from the power exercised in other cases of trust, is either derived from the statute of 43d Elizabeth, ch. 4, known as the ‘statute of charitable uses,’ or belongs to the chancellor as a branch of the prerogative power of the king; and that apart from the…
2Cases cited13 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Flinn v. DavisSupreme Court of Alabama · 1850
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3Cited by41 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Webster v. MorrisWisconsin Supreme Court · 1886
- Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
- Wilson v. First National BankSupreme Court of Iowa · 1914
- Koen v. BartlettWest Virginia Supreme Court · 1895
36 more not listed; retrieve them via the Exa API.