Sullivan v. Lawler
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. GrahaM. The bill in this case was filed on the 18th February, 1882^ by Rhoda Sullivan and others, children and grandchildren of Benjamin Lawler, deceased, claiming as residuary legatees under his will, against Benjamin F. Lawler, who ^was a son of said decedent; and prayed “ that said Benjamin F. Lawler be required to account to complainants, as residuary legatees under the will of said Benjamin Lawler,…
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Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. GrahaM. The bill in this case was filed on the 18th February, 1882^ by Rhoda Sullivan and others, children and grandchildren of Benjamin Lawler, deceased, claiming as residuary legatees under his will, against Benjamin F. Lawler, who ^was a son of said decedent; and prayed “ that said Benjamin F. Lawler be required to account to complainants, as residuary legatees under the will of said Benjamin Lawler, deceased, for their interest in the said assets of said Ben jamin’s estate that went into his-(the said Benjamin F.’s)…
1Opinion of the Court
BBICKELL, C. j.
While adhering to the general rule, that next of kin, or distributees, can not, in the absence of an administration duly granted, maintain suits at law or in equity for the mere purposes of distribution, nor, in the absence of special circumstances, maintain suits for th'e collection of personal assets; yet, in exceptional cases, when it is clearly and affirmatively shown that, if there was an administration, the only duty attaching to it would be distribution, courts of equity in this State have been accustomed to dispense with the administration, entertain suits by next of…
2Cases cited2 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Gardner v. GanttSupreme Court of Alabama · 1851
3Cited by7 opinions
- Page v. BartlettSupreme Court of Alabama · 1893
- Cooper v. DavisonSupreme Court of Alabama · 1888
- Byrd v. &198tna Life Ins. Co.Alabama Court of Appeals · 1933
- Wright v. RobinsonSupreme Court of Alabama · 1891
- Cook v. ParkerSupreme Court of Alabama · 1946
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