Proctor v. Scharpff
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before Hon. IT. A. Sharpe. The bill in this canse was filed on the' equity side of said court by Christian Scharpff, the husband of Mary Scharpff, deceased, and the executor of her last will and testament.
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Appeal from the City Court of Birmingham. Heard before Hon. IT. A. Sharpe. The bill in this canse was filed on the' equity side of said court by Christian Scharpff, the husband of Mary Scharpff, deceased, and the executor of her last will and testament. By said will the testatrix devised all her property, both real and personal, to herhusband “to be owned and controlled by him during his life” and allowing him “free latitude to use and manage the same according to his judgment during his life ; and at his death my estate, and all property, either directly or indirectly the proceeds of it, to…
1Opinion of the CourtClopton, J.
There can be no question, that the will of Mrs. Scharpff invests the complainant, who was her husband, with ample power to sell or dispose of her real estate. A large and extraordinary power is conferred, the exercise of which may promote, or ruinously affect the rights and interests of the remaindermen. The will exempts the executor from giving bond as such. The wife reposed unlimited confidence in the integrity and prudence of her husband, and relied on his parental affection to protect the interests of their children. The exercise'of the power is discretionary, and -requires judgment in…
2Cases cited7 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Tarver v. HainesSupreme Court of Alabama · 1876
- Mitchell, Adm'r v. SpenceSupreme Court of Alabama · 1878
- Dunham v. MilhousSupreme Court of Alabama · 1881
- Mobile & Ohio Railroad v. JarboeSupreme Court of Alabama · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- McDonald v. McDonaldSupreme Court of Alabama · 1890
- Steele v. CruteSupreme Court of Alabama · 1922
- Wallace v. JulierSupreme Court of Florida · 1941
5 more not listed; retrieve them via the Exa API.