Legal Opinion

Otis v. Dargan

Supreme Court of Alabama

Decided June 15, 1875PublishedCited by 22 opinions

Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Feldeb. Appellants filed this bill on the 6th day. of February, 1872, for the purpose of opening and correcting a final settlement made by appellee Dargan, as executor of R. A. Heirn, deceased, in the probate court of Mobile on the 16th of March, 1870. The original and amended bills show that on the 29th April, 1867, Roger A. Heirn died in the city of Mobile, possessed of a large estate, real and personal, which…

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Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Feldeb. Appellants filed this bill on the 6th day. of February, 1872, for the purpose of opening and correcting a final settlement made by appellee Dargan, as executor of R. A. Heirn, deceased, in the probate court of Mobile on the 16th of March, 1870. The original and amended bills show that on the 29th April, 1867, Roger A. Heirn died in the city of Mobile, possessed of a large estate, real and personal, which he devised by his last will and testament. After a special legacy of certain net rents, and the payment of all debts…

1Opinion of the CourtBrickell, C. J.

A court of equity has original jurisdiction to enforce the trusts of an administration — to compel the appropriation of the assets to the payment of debts, and when these are extinguished, to the satisfaction of legacies ; or in cases of intestacy, to apply them according to the statute of distributions. Of this jurisdiction it is not divested by the statutes conferring on courts of probate, cognizance of the settlement of the accounts of executors and administrators — of the payment of legacies, making distributions, and power to render final decrees, adjudicating and determ*183ining the rights…

2Cases cited23 opinions

  1. Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
  2. French v. GarnerSupreme Court of Alabama · 1838
  3. Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
  4. Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
  5. Hair v. LoweSupreme Court of Alabama · 1851

18 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Evans v. EvansSupreme Court of Alabama · 1917
  2. Crawford v. CarlisleSupreme Court of Alabama · 1921
  3. DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
  4. Humphreys v. BurlesonSupreme Court of Alabama · 1882
  5. Kessler v. Ensley Co.District Court, N.D. Alabama · 1903

17 more not listed; retrieve them via the Exa API.

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