Holifield v. Robinson
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. McSpauden. The bill in this case was filed on the 2d June, 1885, in the name of Chambers county, the judge of probate, and the several county commissioners, in their official capacity, against Joseph A. Holifield, as the executor of the last will and testament of Mrs. Mary F. McLemore, deceased, and sought to enforce the payment of a legacy.
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Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. McSpauden. The bill in this case was filed on the 2d June, 1885, in the name of Chambers county, the judge of probate, and the several county commissioners, in their official capacity, against Joseph A. Holifield, as the executor of the last will and testament of Mrs. Mary F. McLemore, deceased, and sought to enforce the payment of a legacy. Mrs. McLemore died in May, 1882, and her last will and testament was duly proved and admitted to probate on the 24th August following, letters testamentary being granted to said Holifield…
1Opinion of the Court
SOMEPYILLE, JL
Whether we regard this bill as one filed by the county of Chambers, or by complainants as members of the court of County Commissioners of that county, it is, in either aspect, entirely wanting in equity. Its purpose is to enforce a trust created by the last will and testament of Mrs. Mary F. McLemore. This trust arises under the eleventh item of the will, in which the testatrix gives and bequeaths “to the Commissioners of Poads and Pevenues of the county of Chambers and State of Alabama, and their successors in office, or to such authority as may control and direct the finances…
2Cases cited1 opinion
- Jones v. HabershamSupreme Court of the United States · 1883
3Cited by3 opinions
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- White v. HewlettSupreme Court of Alabama · 1904
- Yeilding v. State Ex Rel. WilkinsonSupreme Court of Alabama · 1936