Starke v. Wilson
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The bill in this case was filed on tbe 16th September, 1878, by Mrs. Caroline R. Starke and the personal representative of Mrs. Olivia McDonald, deceased, as creditors of Frederick S. R>aoul, deceased, in behalf of themselves and all other creditors who might come in, against tbe administrator de bonis non of said F. S. Raoul, together with his widow and children, who were also the devisees under…
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Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The bill in this case was filed on tbe 16th September, 1878, by Mrs. Caroline R. Starke and the personal representative of Mrs. Olivia McDonald, deceased, as creditors of Frederick S. R>aoul, deceased, in behalf of themselves and all other creditors who might come in, against tbe administrator de bonis non of said F. S. Raoul, together with his widow and children, who were also the devisees under bis will, and several other persons claiming under them ; and sought to reach and subject to the satisfaction of…
1Opinion of the CourtSomebyille, J.
— The statute of limitations is fatal to the claims of each of the complainants in this case.
The language of the testator, Raoul’s will, by which he gave and bequeathed all of his estate to his wife and two children, “ after the payment of all his just debts,” according to the prevailing doctrine of English equity jurisprudence, would create a charge by implication, though not a specific charge, on the lands which went into possession of the devisees under the will. — 2 Story’s Eq. Jur. § 1246; Steele v. Steele’s Adm’r, at the last term; Lewis v. Ford, at the present term. “ But,” as said by…
2Cases cited5 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Heirs of Bond v. SmithSupreme Court of Alabama · 1841
- Carrington & Co. v. Manning's HeirsSupreme Court of Alabama · 1848
- Townes v. FergusonSupreme Court of Alabama · 1852
- Hester v. WessonSupreme Court of Alabama · 1844
3Cited by10 opinions
- McNutt v. McCombSupreme Court of Kansas · 1899
- Cross v. BensonSupreme Court of Kansas · 1904
- Larson v. CurranSupreme Court of Minnesota · 1913
- Cook v. AtkinsSupreme Court of Alabama · 1911
- Warren v. HearneSupreme Court of Alabama · 1886
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