Dooley v. Dooley
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Bill by Sarah Dooley against the administrator of James P. Dooley and his heirs at law to remove the administration of the estate from the probate to the chancery court and there administer the same. Erom a decree overruling demurrers to the bill, Charles T. Dooley, one of the heirs and a legatee under the will, appeals. The general demurrer was good.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Bill by Sarah Dooley against the administrator of James P. Dooley and his heirs at law to remove the administration of the estate from the probate to the chancery court and there administer the same. Erom a decree overruling demurrers to the bill, Charles T. Dooley, one of the heirs and a legatee under the will, appeals. The general demurrer was good. Section 3121, Code 1907. The widow must either claim under the will or make proper dissent therefrom. Sections 6168, 6189, Code 1907; 118 Ala. 423, 24 South. 354. Estate may be…
1Opinion of the CourtSayre, J.
Appellee is the widow of James P. Dooley, deceased. James P. Dooley left a last will and testament in which he gave all his property, real and personal, to appellee. But in his home place, which was all the real property owned by testator, appellee’s interest was limited to a life estate with remainder to appellant, but the fee in remainder to appellant was qualified by the following language of the will:
“It is my intention in willing my said real estate to my son Charles G. Dooley by so doing to assist him as I have the others and also in some measure remunerate him for his time, trouble and…
2Cases cited1 opinion
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
3Cited by8 opinions
- Ex Parte McLendonSupreme Court of Alabama · 1924
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Ex Parte ClaytonSupreme Court of Alabama · 1987
- Garth v. EwingSupreme Court of Alabama · 1928
- Ex Parte BellSupreme Court of Alabama · 1930
3 more not listed; retrieve them via the Exa API.