Cary v. Simmons
Supreme Court of Alabama
Appeal from tbe Chancery Court of Bullock. Heard before tbe Hon. John A. Foster. Tbe bill in this case was filed on tbe 1st December, 1888, by Murrell R. Simmons, as tbe administrator of tbe estate of Mrs. Helen G. Cary, deceased, who was his sister, against Charles Cary and others, children and heirs at law of said decedent, and distributees of her estate; and sought to remove the settlement of the administrator’s accounts into the Chancery Court.
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Appeal from tbe Chancery Court of Bullock. Heard before tbe Hon. John A. Foster. Tbe bill in this case was filed on tbe 1st December, 1888, by Murrell R. Simmons, as tbe administrator of tbe estate of Mrs. Helen G. Cary, deceased, who was his sister, against Charles Cary and others, children and heirs at law of said decedent, and distributees of her estate; and sought to remove the settlement of the administrator’s accounts into the Chancery Court. According to the allegations of the bill, the complainant and Mrs. Cary, then a widow, formed a partnership on the 1st January, 1869, for the…
1Opinion of the Court
MoCLELLAN, J. —
l. It did not appear by any matter embraced in the submission, from the decree on which this appeal is prosecuted, that the jurisdiction of the Probate Court had been put in exercise for the settlement of the estate of complainant’s intestate before the filing of the bill. The chancellor, assuming, as of course he was authorized to do under the circumstances, that the active jurisdiction of the Probate Court had not attached, seems to have been influenced, to some extent, by a consideration of this fact in the conclusions he reached as to the sufficiency of the bill to invoke…
2Cases cited16 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Ex parte BuckleySupreme Court of Alabama · 1875
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Scott v. WareSupreme Court of Alabama · 1879
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
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3Cited by9 opinions
- Campbell-Kawannanakoa v. CampbellCalifornia Supreme Court · 1907
- Taylor v. CrookSupreme Court of Alabama · 1902
- Sims v. TigrettSupreme Court of Alabama · 1934
- Stovall v. ClaySupreme Court of Alabama · 1895
- Ligon v. LigonSupreme Court of Alabama · 1894
4 more not listed; retrieve them via the Exa API.