McNeill's Adm'r v. McNeill's Creditors
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. Tiie hill in this case was filed, on the 29th January, 1858, by Andrew J. Bool, as the administrator of Daniel S. McNeill, deceased, against the creditors and heirs-at-law of said McNeill; and the probate judge of Dallas was also joined as a defendant.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. Tiie hill in this case was filed, on the 29th January, 1858, by Andrew J. Bool, as the administrator of Daniel S. McNeill, deceased, against the creditors and heirs-at-law of said McNeill; and the probate judge of Dallas was also joined as a defendant. The object of the bill was, to remove the settlement of said McNeill’s estate into the chancery court, and to obtain equitable relief to the administrator on the several special grounds hereinafter moro particularly explained. It appears from tho allegations of the…
1Opinion of the CourtA. J. Walker, C. J.
The first argument in favor of the equity of the complainant’s bill is, that it is the privilege of an administrator, at any time before the concurrent jurisdiction of the probate court is put in operation, to seek from the chancery court instruction in the duties of his trust, and to make a settlement under the' orders and decrees of that tribunal. Under our system, the chancery court retains its original jurisdiction over the subject of administrations; and it may be appealed to by a proper party, without the assignment of any special reason, until the concurrent jurisdiction of the probate…
2Cases cited7 opinions
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- Trotter v. BlockerSupreme Court of Alabama · 1838
- Duval's Heirs v. P. & M. BankSupreme Court of Alabama · 1846
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3Cited by30 opinions
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