Legal Opinion

Stoelker v. Thornton

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 19 opinions

Appeal from tbe City Court of Montgomery, in equity. Heard before tbe Hon. Thos. M. Arrington. Tbe bill in tbis case was filed on tbe 8tb November, 1887, by Claude S. Tbornton and others, as beirs at law and distributees of tbe estate of Charles J. Watson, deceased, against Otto Stoelker, individually, and as executor of tbe last will and testament of said Watson; and sought an account and distribution of certain moneys, which tbe defendant bad received from tbe Knights of…

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Appeal from tbe City Court of Montgomery, in equity. Heard before tbe Hon. Thos. M. Arrington. Tbe bill in tbis case was filed on tbe 8tb November, 1887, by Claude S. Tbornton and others, as beirs at law and distributees of tbe estate of Charles J. Watson, deceased, against Otto Stoelker, individually, and as executor of tbe last will and testament of said Watson; and sought an account and distribution of certain moneys, which tbe defendant bad received from tbe Knights of Pythias, and tbe Ancient Order of United Workmen, on benefit certificates, in tbe nature of insurance, issued by each of…

1Opinion of the Court

STONE, O. J.

The present bill seeks to bring Stoelker, the executor, to a settlement of the estate of Charles J. Watson, deceased, and to have certain described funds distributed to complainants, who are next of kin to Watson. Stoelker resists the recovery, and insists that the entire funds in controversy are his property, This is five thousand dollars; *244two thousand of it being a benefit secured to "Watson in a benevolent society, known as the “Ancient Order of United Workmen,” and the other three thousand dollars being the sum of two like benefits or policies due to Watson from the society…

2Cases cited14 opinions

  1. Warnock v. DavisSupreme Court of the United States · 1882
  2. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  3. Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
  4. Franklin Life Insurance v. HazzardIndiana Supreme Court · 1872
  5. Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Chastang v. ChastangSupreme Court of Alabama · 1904
  2. Wilke v. FinnTexas Commission of Appeals · 1931
  3. Miller v. MillerSupreme Court of Iowa · 1925
  4. Culver v. GuyerSupreme Court of Alabama · 1900
  5. Haase v. First Nat. BankSupreme Court of Alabama · 1919

14 more not listed; retrieve them via the Exa API.

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