Thorington v. Thorington
Supreme Court of Alabama
Appeal from the Montgomery City Court. Tried before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellants against the appellees to review a decree ordering the foreclosure of the mortgage. The facts of the case are set forth at length in the opinion.
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Appeal from the Montgomery City Court. Tried before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellants against the appellees to review a decree ordering the foreclosure of the mortgage. The facts of the case are set forth at length in the opinion. The appeal is prosecuted by the complainants from a decree sustaining a motion to dismiss the bill for the want of equity, and this decree is here assigned as error. 1. It is a general proposition that a life tenant must at least keep down the interest on incumbrances against his'estate. It'being regarded as of the…
1Opinion of the CourtHead, J.
Jack Thorington died, in 1871, leaving his last will, as follows :
Item First. “I desire all my debts to be paid as soon as may be reasonably done.”
Item Second. “I own” a policy in the iEtn a Insurance Oo. of Hartford for $10,000, also in the Equitable for same amount, both of which I intend to keep alive,“and both of which are for the benefit of my wife, Mary L., and are payable to her at my decease.”
Item Third. “I give and bequeath unto my dearly beloved tvife, Mary L., during her widowhood, all of my entire estate, real and personal, which I now have or may have, or be entitled to at the…
2Cases cited1 opinion
- Smaw v. YoungSupreme Court of Alabama · 1895
3Cited by14 opinions
- Cunningham v. WoodSupreme Court of Alabama · 1932
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Powell v. PearsonSupreme Court of Alabama · 1929
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- Brugh v. WhiteSupreme Court of Alabama · 1957
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