Evans v. Evans
Supreme Court of Alabama
' Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by Edward E. Evans and others against Mrs. Grace Evans and others to enforce a trust on a fund distributed by decree of the probate court. From the decree of the chancellor, defendants appeal.
1Opinion of the Court
THOMAS, J.'
The purpose of this bill is to enforce a trust on the fund distributed by decree of the probate court to certain of appellants.
The primary question for determination is whether a bill in chancery may be maintained by a party injured without fault or neglect on his part to correct an error of law or of fact that has occurred in the final settlement of an estate of a decedent, and to declare a trust on the fund distributed by the final decree! of the probate court, or on the proceeds thereof, where the same have not yet come into the hands of a bona fide purchaser for value without…
2Cases cited109 opinions
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- United States v. ThrockmortonSupreme Court of the United States · 1878
- Twining v. New JerseySupreme Court of the United States · 1908
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Williams v. EgglestonSupreme Court of the United States · 1898
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3Cited by53 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Sloss-Sheffield Steel & Iron Co. v. WatfordSupreme Court of Alabama · 1944
- Frahn v. Greyling Realization CorporationSupreme Court of Alabama · 1940
- Ex Parte CowartSupreme Court of Alabama · 1917
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