Berry v. Bromberg
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellants, who are the children of Alice E. Berry, deceased, against the appellee as the executor of Cecil Carter, whoi in his lifetime was the trustee in a certain deed of trust executed by Mrs. Berry. • The material averments and the objects of the bill are sufficiently stated in the opinion.
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Appeal from Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellants, who are the children of Alice E. Berry, deceased, against the appellee as the executor of Cecil Carter, whoi in his lifetime was the trustee in a certain deed of trust executed by Mrs. Berry. • The material averments and the objects of the bill are sufficiently stated in the opinion. The chancellor dismissed the bill for want of equity, and from his said decree this appeal is prosecuted. There Avas no active duty put upon the trustee, and the trust Avas but a naked…
1Opinion of the CourtAnd Ees On, J.
The bill was filed by the complainants against the respondent, Bromberg as the executor of Cecil Carter, deceased. Eespondent demurred to the bill and also moved to dismiss for want of equity. The chancellor sustained the motion to dismiss and from which said ruling this appeal is taken. The bill seeks to have the said executor, Bromberg, account for certain funds collected by his testator as trustee for the complainants, and also asks for a construction of a certain trust deed, which is set out in the bill and prays to have the trust thereby created, terminated and declared non-existent. It…
2Cases cited7 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Doe ex dem. Gosson v. LaddSupreme Court of Alabama · 1884
- Tindal v. DrakeSupreme Court of Alabama · 1874
- Jordan v. Phillips & Crew Co.Supreme Court of Alabama · 1899
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3Cited by3 opinions
- Henderson v. Troy Bank & Trust Co.Supreme Court of Alabama · 1948
- Berry v. WooddyAlabama Court of Appeals · 1918
- Kidd v. CruseSupreme Court of Alabama · 1917