Masterson v. Pullen
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. William Skinner. The opinion states the case. — The legislature has the undoubted right to transfer tbe administration of an estate from tbe county of tbe decedent’s residence. — >Tindal v. .DraJee, 60 Ala. 170, and authorities cited. If tbe bill is defective iu averment, such defect should have been pointed out by demurrer in tbe court below, specifying the precise ground of objection.
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Appeal from Lawrence Chancery Court. Heard before Hon. William Skinner. The opinion states the case. — The legislature has the undoubted right to transfer tbe administration of an estate from tbe county of tbe decedent’s residence. — >Tindal v. .DraJee, 60 Ala. 170, and authorities cited. If tbe bill is defective iu averment, such defect should have been pointed out by demurrer in tbe court below, specifying the precise ground of objection. The defect here insisted on, as to the failure to aver that the consent of the sureties was filed in each of the probate courts of Winston and Lawrence…
1Opinion of the CourtStone, J.
Under the general statute, when a resident of this State dies, no matter in what part of the State his property may be, only the court of probate of the county in which he had his last residence has jurisdiction to grant administration of his estate. — Code of 1876, § 2349. This, however, is the result of statute, and may be changed by *148statute, either general in its provisions or made applicable to particular estates.— Tindal v. Drake, 60 Ala. 170, and authorities cited. Thomas Greene died intestate, a resident of Winston county, and the court of probate of that county-appointed George T.…
2Cases cited4 opinions
- Hopper v. SteeleSupreme Court of Alabama · 1851
- Tindal v. DrakeSupreme Court of Alabama · 1877
- McCullough v. WiseSupreme Court of Alabama · 1877
- Wellborn v. TillerSupreme Court of Alabama · 1846
3Cited by8 opinions
- State Ex Rel. Black v. Southern Express Co.Supreme Court of Alabama · 1917
- Williams v. StateAlabama Court of Appeals · 1915
- Bomar v. RosserSupreme Court of Alabama · 1901
- Johns v. SeeleySupreme Court of Florida · 1927
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
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