Calhoun v. King
Supreme Court of Alabama
ERROR to the Chancery Court of Talladega, The bill was filed by the plaintiff in error, and charges that about the year 1826, David Calhoun, a citizen of Franklin county, Georgia, died intestate, leaving a large real and personal estate, amounting to twenty thousand dollars ; that at his death he did not owe more than three hundred dollars ; that he left a widow and two children — the complainant and John C. Calhoun, since dead; that administration of his estate was granted…
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ERROR to the Chancery Court of Talladega, The bill was filed by the plaintiff in error, and charges that about the year 1826, David Calhoun, a citizen of Franklin county, Georgia, died intestate, leaving a large real and personal estate, amounting to twenty thousand dollars ; that at his death he did not owe more than three hundred dollars ; that he left a widow and two children — the complainant and John C. Calhoun, since dead; that administration of his estate was granted to his widow and one William King, who by virtue thereof took all the property into their possession, and not long after…
1Opinion of the CourtOrmond, J.
It is an established rule of the court of chancery, that where a trust fund is in danger of being wasted or misapplied, it will interfere,.on the application of those interested in the fund, and by the appointment of a receiver, or in some other mode, secure the fund from loss. This rule applies with full force to executors and administrators; in such cases, the jurisdiction of chancery, in this country, is concurrent with that of the ,orphans’ court, and acts in aid of, and as ancillary to it. [For the general principle, see Story’s Eq. 2 vol. § 836, and cases cited.]
The allegations of this…
2Cases cited2 opinions
- Campbell v. TouseyNew York Supreme Court · 1827
- Bryant v. PetersSupreme Court of Alabama · 1841
3Cited by18 opinions
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Julian v. ReynoldsSupreme Court of Alabama · 1845
- Colbert v. DanielSupreme Court of Alabama · 1858
- Bryan v. WelchCourt of Appeals for the Tenth Circuit · 1935
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