Legal Opinion

Oglesby v. Howard

Supreme Court of Alabama

Decided January 15, 1869PublishedCited by 5 opinions

Appeal from Russell Probate Court. Tried before Hon. J. F. Waddell. Petition of Ann Oglesby, George Oglesby, her husband, and Ella Strong and Rufus Strong, minors, by nest friend, George W. Oglesby, to the probate court of Russell county, to remove R. O. Howard from the administration of the estate of William L. Berry, deceased, of whose estate petitioners were sole distributees.

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Appeal from Russell Probate Court. Tried before Hon. J. F. Waddell. Petition of Ann Oglesby, George Oglesby, her husband, and Ella Strong and Rufus Strong, minors, by nest friend, George W. Oglesby, to the probate court of Russell county, to remove R. O. Howard from the administration of the estate of William L. Berry, deceased, of whose estate petitioners were sole distributees. On hearing the proof, the court “ adjudged and decreed that the facts set forth in said petition are not sustained by the proof, and that said petition be dismissed.” The court further ordered that said administrator…

1Opinion of the CourtPeters, J.

Ann Oglesby and her husband, George Oglesby, who are of age, and Ella Strong and Rufus Strong, who are minors, and sue by their next friend, George Oglesby, instituted proceedings, by petition, in the probate court of Russell county, in this State, for the removal of R. O. Howard, as the administrator of the estate of W. L. Berry, deceased. The petition was filed on the 4th day of July, in 1867. Seven causes are assigned as the reasons for such removal:

1. That said administrator had failed to make and return inventories of said estate. 2. That he had failed to make settlements as required by…

2Cited by5 opinions

  1. In re Holladay's EstateOregon Supreme Court · 1889
  2. Hurt v. HurtSupreme Court of Alabama · 1908
  3. Willoughby v. WilloughbySupreme Court of Alabama · 1919
  4. McCormick v. LangfordSupreme Court of Alabama · 1987
  5. Powell v. HurtMissouri Court of Appeals · 1888

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