Billinslea v. Abercrombie
Supreme Court of Alabama
Billinslea, a legatee, took a writ of error to the Circuit Court of Perry, from the decision of the County-Court, made on a distribution of the estate of Ab-ercrombie. The writ of error was dismissed on the ground, that other legatees, interested in the estate, had not been made parties; to correct which, the cause came into this court.
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Billinslea, a legatee, took a writ of error to the Circuit Court of Perry, from the decision of the County-Court, made on a distribution of the estate of Ab-ercrombie. The writ of error was dismissed on the ground, that other legatees, interested in the estate, had not been made parties; to correct which, the cause came into this court. At the desire of the parties, this court considered a question arising on a clause in Abercrombie’s will— devising certain estate to his living children, and to the children of. a deceased daughter, to he equally divided among each. It was contended, that…
1Opinion of the CourtLipscomb, C. J.
— Thomas Abercrombie, one of the legatees of Isaac Abercrombie, deceased, filed his petition in the County Court for the county of Perry, praying that the executors -of the last will and testament of the said Isaac Abercrombie, should be compelled to make a distribution of his estate, agreeably to law. • The County Court proceeded under this pe-*25filloa. p> i ¡alio an order for thos’ii.trib5 donas prayed ¥■ n the order of diet :"intioi■,. ¿nade by the ■ «nty )urt, Yvilliara Elidir. one the legatees, , . ;do: writ of ormr to Ibo n’cuk onrt.
None f the other legal oes wore <• satisfied with the…
2Cited by1 opinion
- Howard v. Howard's Adm'rsSupreme Court of Alabama · 1857