Powell v. Powell
Supreme Court of Alabama
Writ of error to the Court of Chancery for the 12th District, of the Southern division. This bill was filed by Thomas A. Powell and others, claiming to be the devisees of Drury Powell, deceased, against Martha A. Powell, as administratrix of Seymour Powell, deceased, who in his lifetime was the sole' executor of the will of the said Drury Powell.
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Writ of error to the Court of Chancery for the 12th District, of the Southern division. This bill was filed by Thomas A. Powell and others, claiming to be the devisees of Drury Powell, deceased, against Martha A. Powell, as administratrix of Seymour Powell, deceased, who in his lifetime was the sole' executor of the will of the said Drury Powell. The case made by the bill is, that the intestate of the defendant qualified as the sole executor of the will of Drury Powell, and proceeded to settle his estate in the progress of which he received large sums of money'-, and Subsequently died,…
1Opinion of the CourtGoldth Waite, J.
— 1. The writ of error is prematurely sued out, as there is no final decree in the cause. The direction given by the Chancellor upon the reference to the master, is, most probably decisive of the case, but this will not warrant ns in assuming that the decree would be for the defendant. The writ of error must be dismissed.
But as the cause is here, and may return upon us again, without some expression of opinion upon the questions raised by the assignments of error, we shall briefly examine them.
2. The deposition of Mrs. Keener was properly suppressed, as she cannot support by her testimony the…
2Cited by7 opinions
- Campbell v. TouseyNew York Supreme Court · 1827
- Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
- May v. BarnardSupreme Court of Alabama · 1852
- Routen v. BostwickSupreme Court of Alabama · 1877
- Scales v. Desha, Sheppard & Co.Supreme Court of Alabama · 1849
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