Malone v. Kelley
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. The bill in this case was filed by the appellees, Laura Kelley and her husband, against the appellant, Malone, who was trustee for said Laura under the will of her father, Drury Malone, deceased, for an account and settlement of his trust, and to vacate and annul a release she had given Malone.
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Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. The bill in this case was filed by the appellees, Laura Kelley and her husband, against the appellant, Malone, who was trustee for said Laura under the will of her father, Drury Malone, deceased, for an account and settlement of his trust, and to vacate and annul a release she had given Malone. The defense relied on was a release and settlement had with the cestui que trust and her husband, shortly after she became of age, upon which event the trust, by its terms, terminated. This release was assailed by the appellees as…
1Opinion of the CourtBrickell, C. J.
The bill was filed by the appellees, against the appellant, who was a trustee for the appellee, Laura E., under the will of her father, for an account and settlement of the trust. The defense made by the appellant is, that in 1866, soon after the cestui que trust became of full age, which was the period appointed for the termination of the trust, there was an adjustment and settlement of his accounts, and a release executed by her and her husband, acknowledging full satisfaction, and. discharging him from all further liability. The release is impeached by the appellees, as having been…
2Cases cited6 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Erwin v. ErwinSupreme Court of Alabama · 1854
- Judge v. WilkinsSupreme Court of Alabama · 1851
- Hatton v. LandmanSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Slay v. Burnett TrustTexas Supreme Court · 1945
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Daniel v. TolonSupreme Court of Oklahoma · 1916
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- McLeod v. McLeodSupreme Court of Alabama · 1906
18 more not listed; retrieve them via the Exa API.