Edington v. Masson

Fifth Circuit

Edington v. Masson

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

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 29, 1910

DocketNo. 1,903

StatusPublished

This text of 177 F. 209 (Edington v. Masson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*210not 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.

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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]*210not 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.

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Bluebook (online)

177 F. 209, 101 C.C.A. 379, 1910 U.S. App. LEXIS 4370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edington-v-masson-ca5-1910.