Bonner v. Young
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. Charles Turher. This was a bill in equity filed October 25,1876, by Samuel O. Young against John C. and Eobert E. Young, as executors of the last will of Samuel Young, deceased, and against them individually, and also against Jos. H. Bonner and Thos. G. Jenkins, as sureties on the bond of J. C. and R. E. Young, as executors.
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Appeal from Wilcox Chancery Court. Heard before Hon. Charles Turher. This was a bill in equity filed October 25,1876, by Samuel O. Young against John C. and Eobert E. Young, as executors of the last will of Samuel Young, deceased, and against them individually, and also against Jos. H. Bonner and Thos. G. Jenkins, as sureties on the bond of J. C. and R. E. Young, as executors. Samuel Young, the grandfather of complainant, died in May, 1856, leaving a last will, in which was this provision : “I give to the sou of my son, S. 0. Young, the' sum of one thousand dollars, said sum to be held by my…
1Opinion of the CourtBrickell, C. J.
The re-examination of E E. Young, without obtaining an order for that purpose, was irregular, and the deposition procured upon it, would doubtless have been suppressed, if a motion for that purpose had been made. But none appears to have been made, the appellants contenting themselves with the objections interposed, when filing cross-interrogatories, which were not called to the attention of the Chancellor, and upon which no action was invoked.
2. The statute renders every written instrument, the foundation of suit, self-proving, unless the execution thereof is denied by a verified plea, by…
2Cases cited4 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Bryant v. CraigSupreme Court of Alabama · 1847
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Wood v. WoodSupreme Court of Alabama · 1842
3Cited by15 opinions
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
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