Foster v. Foster
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the non. William H. Simpson. The facts of this case, so far as are necessary for an understanding of the decision on -the present appeal, are sufficiently stated in the opinion. ■ The appeal is prosecuted from a decree.of the court directing the distribution of the decedent’s estate according to the terms of agreement entered into between the parties to the litigation, and overruling the exceptions to the last report…
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Appeal from the Chancery Court of Marshall. Heard before the non. William H. Simpson. The facts of this case, so far as are necessary for an understanding of the decision on -the present appeal, are sufficiently stated in the opinion. ■ The appeal is prosecuted from a decree.of the court directing the distribution of the decedent’s estate according to the terms of agreement entered into between the parties to the litigation, and overruling the exceptions to the last report of the register, and ordering payment of complainant’s solicitor’s fees out of the general funds in the hands of the…
1Opinion of the CourtSharpe, J.
This suit was brought by appellee, who is a devisee and legatee under the will of Ira R. Foster, deceased, against the executors of the will who are also -devisees and legatees, and also against others alleged to be likewise interested, seeking to remove the administration from the probate into the chancery court and to have the estate -there -settled and distributed. Excepting three who disclaimed all interest, the defendants each by demurrer and answer resisted the bill and the proposed removal of the administration. The demurrers were overruled and on a reference the executors’ accounts…
2Cases cited3 opinions
- Grimball v. CruseSupreme Court of Alabama · 1881
- Thirlwell's adm'r v. CampbellCourt of Appeals of Kentucky · 1874
- Scott v. DaileyIndiana Supreme Court · 1883
3Cited by5 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955
- Jordan v. FarrowSupreme Court of Alabama · 1900
- Troy Bank & Trust Company v. BrantleySupreme Court of Alabama · 1955