Girard v. Futterer
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thos. W. Coleman. This cause was before the court on former appeal. — 83 Ala. 234 On its return to the court below the bill was amended as appears in the- opinion. The demurrers to the amended bill were overruled by the chancellor. From this decree overruling the demurrers defendants appealed.
1Opinion of the CourtStone, C. J.
Considering this case on the former appeal — 83 Ala. 234^-and speaking of the conduct of Mrs. Julia Spuller, the executrix, we said: “In the absence of any absolute promise on her part electing to pay the legacies, especially when accompanied by her disposition of the remainder of the property by her last will to others than the complainants, it seems plain to us that the executrix considered, whether rightly or not it is immaterial, that the retention of the property was required for the comfort of herself and family.” That decision was pronounced on an alleged letter written to complainants…
2Cases cited9 opinions
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Greenlees v. GreenleesSupreme Court of Alabama · 1878
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Philippi v. PhilippiSupreme Court of Alabama · 1878
- Austin v. JordanSupreme Court of Alabama · 1860
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3Cited by1 opinion
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912