Burch v. Gaston
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Application by John M. Burch and another, executors, for mandamus, prohibition, or other remedial writ, directed to John B. Gaston, probate judge of Montgomery county, requiring said judge of probate to desist from compelling petitioners to file their accounts and vouchers for a settlement of the executorship of the estate of Florence H. Burch, deceased.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Application by John M. Burch and another, executors, for mandamus, prohibition, or other remedial writ, directed to John B. Gaston, probate judge of Montgomery county, requiring said judge of probate to desist from compelling petitioners to file their accounts and vouchers for a settlement of the executorship of the estate of Florence H. Burch, deceased. From a decree sustaining a demurrer to the petition on the ground that there is no law exempting executors from making settlement in the probate court, petitioner^ appeal.…
1Opinion of the CourtSayre, J.
The last will and testament of appellants’ testatrix gave all her property, after debts paid, *469to appellants and certain of her grandchildren in named proportions. To appellants she gave one-half her estate in trust for the support, maintenance, and education of the said grandchildren, directing that “in so expending the same, the said trustees shall use their best judgment and shall not be liable or amenable to any court or person in the exercise of such judgment.” The will provided, further, that upon the marriage of any of the grandchildren, or upon their arriving at the age of 21 years,…
2Cases cited5 opinions
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Sellers v. SellersSupreme Court of Alabama · 1859
- Keller's EstateSupreme Court of Pennsylvania · 1909
- Wall v. BissellSupreme Court of the United States · 1888
- Vincent v. DanielSupreme Court of Alabama · 1877
3Cited by6 opinions
- Wood v. HoneymanOregon Supreme Court · 1945
- Courson v. TollisonSupreme Court of Alabama · 1933
- Gilmer v. GilmerSupreme Court of Alabama · 1944
- Myrick v. WilliamsonSupreme Court of Alabama · 1914
- Minor v. ThomassonSupreme Court of Alabama · 1938
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