Werborn v. Austin
Supreme Court of Alabama
Bill in Equity by Remainder-man, against Executor as Trustee, for Account and Settlement. Appeal from the Chancery Court at Mobile. Heard before the Hon. John A. Foster.
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Bill in Equity by Remainder-man, against Executor as Trustee, for Account and Settlement. Appeal from the Chancery Court at Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 7th May, 1884, by Mrs. Adolph M. Austin, “ a married woman, who is twenty-one years of age, and resides in Mobile county with her husband, H. L. Austin;” against Mrs. Amanda M. Pinney, who was her mother, and against George F. Werborn, who was the executor of the last will and testament of the complainant’s deceased father, Adolph M. Solomon; and sought to compel an account and…
1Opinion of the Court
STONE. C. J.
Rule 15 of Chancery Practice was based on, and intended to carry into effect, the act “ to allow married women, in certain cases, to sue in their own names,” approved March 4,1876. — Sess. Acts, 159. That act was omitted from the Code of 1876, and hence became inoperative; and the rule of practice fell with it. — Sawyers v. Baker, 72 Ala. 49. Mr. Austin ought to have been joined with his wife as a complainant, and the demurrer on that account ought to have been sustained.
There can be no question that the trusts created by Mr. Solomon’s will were personal trusts confided to both of…
2Cases cited8 opinions
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
- Tarver v. HainesSupreme Court of Alabama · 1876
- Anderson v. McGowanSupreme Court of Alabama · 1868
- Sawyers v. BakerSupreme Court of Alabama · 1882
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