Childress v. Harrison
Supreme Court of Alabama
Appeal from the Chancery Court of’ Greene. Heard before Hon. A. W. Dillard. This was a bill in equity, exhibited on the 21st of June, ■1869, in behalf of Maria Childress, a minor, by next friend, to enforce the payment of a pecuniary legacy, &c. bequeathed her by the last will and testament of Catherine Harrison, deceased.
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Appeal from the Chancery Court of’ Greene. Heard before Hon. A. W. Dillard. This was a bill in equity, exhibited on the 21st of June, ■1869, in behalf of Maria Childress, a minor, by next friend, to enforce the payment of a pecuniary legacy, &c. bequeathed her by the last will and testament of Catherine Harrison, deceased. The bill alleges, in substance, that the will was duly admitted to record and probate on the 19th of May, 1859; that one Joseph H. Harrison duly qualified as executor of said estate on the same day, and being exempted by said will from giving bond, took all the property of…
1Opinion of the CourtPetebs, J.
This is a bill in chancery to enforce the payment of a pecuniary legacy. There was no defense whatever interposed in the court below. The case was submitted upon the bill, exhibits, and decree pro confesso against all the defendants. But on the hearing it was dismissed by the learned chancellor without prejudice, because it was not alleged that the debts of the estate had all been paid. From this decree the complainant in the court below appeals to this court. '
There can be no doubt that chancery will take jurisdiction to enforce the payment of a pecuniary legacy. This is a branch of its…
2Cases cited3 opinions
- Williamson v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Pearson v. DarringtonSupreme Court of Alabama · 1850
- Hogan v. SmithSupreme Court of Alabama · 1849
3Cited by2 opinions
- John E. Ballenger Const. Co. v. Joe F. Walters Const. Co.Supreme Court of Alabama · 1938
- Millsap v. StanleySupreme Court of Alabama · 1874