Ward v. Oates
Supreme Court of Alabama
Appeal from the Probate Court of Henry. This was a proceeding by petition by William 0. Oates, as administrator with the will annexed, of William J. Ward, deceased, late of the county of Polk, State of Texas, to compel John J. Ward, the administrator of one James Ward, deceased, to pay over to the petitioner the distributive share his testator, said William J. Ward, was entitled to as a distributee of said James Ward’s estate.
Read the full summary
Appeal from the Probate Court of Henry. This was a proceeding by petition by William 0. Oates, as administrator with the will annexed, of William J. Ward, deceased, late of the county of Polk, State of Texas, to compel John J. Ward, the administrator of one James Ward, deceased, to pay over to the petitioner the distributive share his testator, said William J. Ward, was entitled to as a distributee of said James Ward’s estate. The petition was filed on 21st September, 1867, and alleged, after stating as above, that said testator was a grandson of James Ward, and entitled to one ninth part of…
1Opinion of the CourtA. J. Walker, C. J.
If William J. Ward died intestate, or if the probate of an instrument as his will in Texas was void, or if there was ho admission of the same to probate in Alabama, the administration cum testamento annexo of the appellee, would not .therefore be void. The intestacy of a decedent, upon whose estate an administration, with the will annexed, was granted, would render such administration revocable, not void, if the court had jurisdiction of the grant of administration. — Broughton v. Bradley, 34 Ala. 694 ; Jennings v. Moses, 38 Ala. 202; Ex parte Maxwell, 37 Ala. 362 ; Watson v. Collins, ib.…
2Cases cited8 opinions
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Broughton v. BradleySupreme Court of Alabama · 1859
- McLane v. SpenceSupreme Court of Alabama · 1844
- Childress v. ChildressSupreme Court of Alabama · 1842
- Harrison v. HarrisonSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Awbrey v. EstesSupreme Court of Alabama · 1927
- Brock's Administrator v. FrankSupreme Court of Alabama · 1874
- Langley v. LangleySupreme Court of Alabama · 1898