Russell v. Wright
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before the Hon. James R. Dowuell. Mary Ellington died leaving a will devising an half interest in a certain plantation in Macon county to be sold and tbe proceeds to be equally divided among ber brother’s and sister’s children. Her brother, J ames M. Tarpley was appointed tbe executor of ber will.
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Appeal from Macon Circuit Court. Tried before the Hon. James R. Dowuell. Mary Ellington died leaving a will devising an half interest in a certain plantation in Macon county to be sold and tbe proceeds to be equally divided among ber brother’s and sister’s children. Her brother, J ames M. Tarpley was appointed tbe executor of ber will. Henry Wright, tbe plaintiff, who brings this suit, is tbe son of one who was the son of one of the brothers of said testatrix, or grand-nephew of testatrix, and claimed that be was a legatee under said clause of Mrs. Mary Ellington; and, there appearing to tbe…
1Opinion of the CourtHaralson, J.
This suit is against the administrator of J. M. Tarpley, on a promisssry note executed by him to the plaintiff on January 24, 1889, for $50.
The plea was want of consideration, in that Tarpley, being the executor of Mrs. Ellington, executed the note under the mistaken belief and impression, that the plaintiff, appellee here, was entitled to the amount of said note, because of his being one of the “heirs” (legatees) of Mrs. Ellington, under a clause in her will, by which she gave certain legacies to her “brothers’ -and sisters’ children,” which will was duly probated, and is set out in the…
2Cases cited10 opinions
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Prater v. MillerSupreme Court of Alabama · 1854
- Hemingway v. GarthSupreme Court of Alabama · 1874
- Maull v. VaughnSupreme Court of Alabama · 1871
- Stewart v. BradfordSupreme Court of Alabama · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lauderdale County Cooperative, Inc. v. LansdellSupreme Court of Alabama · 1955
- Crawford v. EngramSupreme Court of Alabama · 1908
- Pierce v. FulmerSupreme Court of Alabama · 1910
- Daniel v. HughesSupreme Court of Alabama · 1916
- Oldacre v. StuartSupreme Court of Alabama · 1898