McCarthy v. McCarthy
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the'5th October, 1880, by Mrs. Joanna McCarthy, a married woman, whose maiden name was Millrick, or Milerick (as the name is indifferently spelled in the transcript), and who was the daughter and sole child of Richard and Mary Millrick, deceased; against the widow, administratrix and heirs of James McCarthy, deceased; and sought an account of the rents and…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the'5th October, 1880, by Mrs. Joanna McCarthy, a married woman, whose maiden name was Millrick, or Milerick (as the name is indifferently spelled in the transcript), and who was the daughter and sole child of Richard and Mary Millrick, deceased; against the widow, administratrix and heirs of James McCarthy, deceased; and sought an account of the rents and profits of certain real estate in the city of Mobile, alleged to have been received by said James McCarthy, as trustee, for…
1Opinion of the CourtSomerville, J.
— A.n express trust, as distinguished from one that is merely implied by law, is a trust created by the direct and positive act of a party, manifested by some instrument of writing, whether by deed, will, or otherwise. — 2 Story Eq. Jur. § 980. Every trust is clearly of this class, where the legal title of property is conveyed to a trustee, to be held by him for the benefit of another, no particular words or formality being required for its creation. — 1 Perry on Trusts, § 82; Law of Trusts (Tiff. & Bul.) 11; 2 Story’s Eq. Jur. § 980; Cresswell v. Jones, 68 Ala. 420.
There can be uo question…
2Cases cited15 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- James v. JamesSupreme Court of Alabama · 1876
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Garrett v. GarrettSupreme Court of Alabama · 1881
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3Cited by26 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Pearce v. PearceSupreme Court of Alabama · 1917
- Anderson v. NorthropSupreme Court of Florida · 1892
- Semple v. GlennSupreme Court of Alabama · 1890
- Philippi v. PhilippeSupreme Court of the United States · 1885
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