Edington v. Masson

Fifth Circuit

Edington v. Masson

177 F. 209, 101 C.C.A. 379, 1910 U.S. App. LEXIS 4370

Court of Appeals for the Fifth Circuit·Decided March 29, 1910·No. No. 1,903·Published

Opinion

PER CURIAM.

In Alabama, when an insolvent contests his father’s last will, he may abandon or settle the contest at any stage of the litigation upon any terms he pleases, and his creditors have no cause to complain, and his subsequent adjudication in bankruptcy will [210] not give the trustee any cause of action growing out of such settlement or abandonment, unless it be to recover any sum or sums the bankrupt may have received and afterwards transferred in derogation of the bankruptcy law.

The decree of the District Court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In Alabama, when an insolvent contests his father’s last will, he may abandon or settle the contest at any stage of the litigation upon any terms he pleases, and his creditors have no cause to complain, and his subsequent adjudication in bankruptcy will [210] not give the trustee any cause of action growing out of such settlement or abandonment, unless it be to recover any sum or sums the bankrupt may have received and afterwards transferred in derogation of the bankruptcy law.

The decree of the District Court is affirmed.

Edington v. Masson, 177 F. 209, 101 C.C.A. 379, 1910 U.S. App. LEXIS 4370 (5th Cir. 1910).

Pincite

177 F. 209 (Edington v. Masson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.