Kennedy v. Winn
Supreme Court of Alabama
Appeal from Tuskaloosa Chancery Court. Heard before Lion. Thomas Cobbs. The bill in this case was filed on 22d November, 1882, by Sarah Francis Winn and Martha Stella Woods, daughter and grand-daughter, respectively, of Lucinda Perteet, deceased, against Edward N. C. Snow, William A. Leland and John R. Kennedy, executors of the last will and testament of .RiHmni C. McLester, deceased.
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Appeal from Tuskaloosa Chancery Court. Heard before Lion. Thomas Cobbs. The bill in this case was filed on 22d November, 1882, by Sarah Francis Winn and Martha Stella Woods, daughter and grand-daughter, respectively, of Lucinda Perteet, deceased, against Edward N. C. Snow, William A. Leland and John R. Kennedy, executors of the last will and testament of .RiHmni C. McLester, deceased. The purpose of the bill, and the facts disclosed by the record are sufficiently stated in the opinion.
1Opinion of the CourtClopton, J.
A person, nominated trustee by deed, will, or other instrument, ma}, at his election, accept or disclaim. Though acceptance is necessary to constitute a trustee; when the trust is not raised by implication or construction of law, or is not coerced for the purpose of complete justice, as the result of the party’s own conduct t or acts, its acceptance is not compulsory. No one, without his assent, will be constrained to undertake the duties, and incur the responsibility of a trust. Acceptance in writing, or by express words, is not essential. Ordinarily, it is presumed. There may be such…
2Cases cited4 opinions
- McCarthy v. McCarthySupreme Court of Alabama · 1883
- Maccubbin v. Cromwell's Ex'rsCourt of Appeals of Maryland · 1835
- Drane v. GunterSupreme Court of Alabama · 1851
- Howard v. GilbertSupreme Court of Alabama · 1866
3Cited by6 opinions
- Freeman v. BrownSupreme Court of Georgia · 1902
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- McClure & Co. v. Cox, Brainard & Co.Supreme Court of Alabama · 1858
- Girard v. FuttererSupreme Court of Alabama · 1887
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