Blackwell's Adm'r v. Blackwell's Distributees
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. ■ Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 27th February, 1845, by "William Q-. Yastbinder, in behalf of himself and all the other distributees of the estate of Nathan Blackwell, deceased, or such of them as chose to make themselves parties and contribute to the expenses of the suit; and sought to compel.a settlement of said estate by James Blackwell, as the administrator of Mrs.…
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Appeal from the Chancery Court of Dallas. ■ Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 27th February, 1845, by "William Q-. Yastbinder, in behalf of himself and all the other distributees of the estate of Nathan Blackwell, deceased, or such of them as chose to make themselves parties and contribute to the expenses of the suit; and sought to compel.a settlement of said estate by James Blackwell, as the administrator of Mrs. Priscilla Blackwell, deceased, who was the widow and administratrix of said Nathan, and the recovery of the distributive portion…
1Opinion of the CourtStone, J.
—Our first impression was to dismiss the bill hi this case, on account of the staleness of the demand. •Looking more closely into the record, we think that position indefensible. True, near forty years elapsed between the qualification of Mrs. Priscilla Blackwell as administratrix, and the exhibition of the original bill. True, the property which is ordered to be distributed under the chancellor’s decree, was purchased about fifteen years after the death of Nathan Blackwell, the intestate. Under these circumstances, if they stood alone, we would feel bound by our former decisions to hold that…
2Cases cited13 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Milton v. HadenSupreme Court of Alabama · 1858
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
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3Cited by27 opinions
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Philippi v. PhilippeSupreme Court of the United States · 1885
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Black v. Henry G. Allen Co.U.S. Circuit Court for the District of Southern New York · 1890
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