Newsom v. Thornton
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th July, 1883, by L. B. Thornton, as the administrator of the estate of Mrs. Elizabeth W. Johnson, deceased, against Whitmell R. Newsom, both individually and as executor of the last will and testament of Whitmeíl Rutland, deceased, and several other persons ; and sought a money decree against said Newsom, both individually and as executor, for the amount…
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th July, 1883, by L. B. Thornton, as the administrator of the estate of Mrs. Elizabeth W. Johnson, deceased, against Whitmell R. Newsom, both individually and as executor of the last will and testament of Whitmeíl Rutland, deceased, and several other persons ; and sought a money decree against said Newsom, both individually and as executor, for the amount due on a legacy of $2,000, bequeathed by said testator’s will to the complainant’s intestate, and to have it declared a…
1Opinion of the CourtClopton, J.
—The title of the appellee, who brought the bill, to the relief granted by the chancellor, depends upon the determination of the question, whether the pecuniary legacy, given to his intestate by the will of Whitmell Rut-land,is a charge on the lands devised to Whitmell Rutland Newsom, who was also the nominated and qualified executor. If this question is held adversely to complainant, it will be unnecessary to consider any minor or incidental question presented by the record.
The will was drawn by an unskilled draftsman, inartificially, and without regard to proper punctuation,'…
2Cases cited4 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Starke v. WilsonSupreme Court of Alabama · 1880
- Lewis v. FordSupreme Court of Alabama · 1880
3Cited by7 opinions
- Pitts v. CampbellSupreme Court of Alabama · 1911
- Hammond v. BibbSupreme Court of Alabama · 1937
- Gorman v. McDonnellSupreme Court of Alabama · 1900
- Lacey v. CollinsSupreme Court of Iowa · 1907
- Thompson v. Bank of TuskegeeSupreme Court of Alabama · 1917
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