Carroll v. Brumby
Supreme Court of Alabama
This was a proceeding in the orphans’ conrt of Perry county, before his honor J. P. Graham, against A. Y. Brumby, administrator with the will annexed of John F. Wallis. The legatees under the will appeared, a decree of final settlement was rendered, ascertaining the amount of monies in his hands, and a judgment was rendered for each legatee, for his proportion of the amount, but this was insufficient to pay in full their legacies.
Read the full summary
This was a proceeding in the orphans’ conrt of Perry county, before his honor J. P. Graham, against A. Y. Brumby, administrator with the will annexed of John F. Wallis. The legatees under the will appeared, a decree of final settlement was rendered, ascertaining the amount of monies in his hands, and a judgment was rendered for each legatee, for his proportion of the amount, but this was insufficient to pay in full their legacies. The legatees objected, that the administrator should be charged with the hire of certain slaves that belonged to John F. Wallis, deceased, and the only question…
1Opinion of the CourtDargan, J.
The plaintiffs contend that the testator intended a legacy to the slaves, to wit, their freedom — but as the laws of this State prohibit this, and they cannot take this legacy, or bequest, for want of legal capacity; that the testator died intestate as to his slaves, and therefore their services, and the slaves themselves, are liable to pay the legacies. If the hire of the slaves be assets for the payment of the legacies, then the slaves themselves would necessarily be so, and it' is only necessary to inquire whether the slaves named in the will are subject to pay the legacies. It is…
2Cited by6 opinions
- Gaunt v. Tucker's ExecutorsSupreme Court of Alabama · 1850
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
- Cleland v. WatersSupreme Court of Georgia · 1855
- Marsh's Administrator v. Richardson's AdministratorSupreme Court of Alabama · 1873
- Creswell's v. WalkerSupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.