Kinnebrew's Distributees v. Kinnebrew's Administrators
Supreme Court of Alabama
Appeal from the Probate Court of Tuskaloosa. In the matter of the estate of Litteberry B. Kinnebrew, deceased, on final settlement of the accounts of Edwin H. Kinnebrew, the administrator. The only matters here assigned as error are the rulings of the probate court in allowing the administrator credit for two vouchers, Nos. 5 and 8 in his account, to which the distributees objected.
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Appeal from the Probate Court of Tuskaloosa. In the matter of the estate of Litteberry B. Kinnebrew, deceased, on final settlement of the accounts of Edwin H. Kinnebrew, the administrator. The only matters here assigned as error are the rulings of the probate court in allowing the administrator credit for two vouchers, Nos. 5 and 8 in his account, to which the distributees objected. Voucher No. 5 was a receipt; signed by M. D. Kinnebrew, and dated the 17th October, 1855, in the following-words : “ Received of-E. H. Kinnebrew sixteen hundred and ninety dollars, being the amount (with interest…
1Opinion of the CourtA. J. Walker, C. J.
We assert the following propositions : 1st, that the trust, specified in the instrument executed by L. B. Kinnobrew, for the payment at his death, by his representative, to his grand-son, of fifteen hundred dollars out of his estate, was purely voluntary; 2d, that the trust was also executory; and, 3d, that being voluntary and executory, it would not, as a provision of an instrument operative inter vivos, be enforced by a court of equity. We proceed to adduce the arguments and authorities which lead us to assert those propositions.
*636The trust is voluntary. The characteristics of the instrument,…
2Cases cited22 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
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3Cited by35 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Sharp v. HallSupreme Court of Alabama · 1888
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Merrill v. BoalSupreme Court of Rhode Island · 1926
- Kirksey v. KirkseySupreme Court of Alabama · 1868
30 more not listed; retrieve them via the Exa API.