Teague v. Corbitt
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. N. S. Gbaham. The appellants, as heirs at law of one Joseph Lawrence, deceased, filed their bill against appellee for a final settlement, to which appellee demurred, as follows: “First, for non-joinder of parties complainant in this, to-wit: Thomas J. Lawrence was an heir at law and distributee of said Joseph Lawrence, deceased, as shown by the bill, and died after his father, and is not made a party complainant,…
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Appeal from the Chancery Court of Henry. Heard before the Hon. N. S. Gbaham. The appellants, as heirs at law of one Joseph Lawrence, deceased, filed their bill against appellee for a final settlement, to which appellee demurred, as follows: “First, for non-joinder of parties complainant in this, to-wit: Thomas J. Lawrence was an heir at law and distributee of said Joseph Lawrence, deceased, as shown by the bill, and died after his father, and is not made a party complainant, as the law in such cases provides; second, for non-joinder of parties defendant in this, to-wit: J. M. R. Kelly was and…
1Opinion of the CourtBrickell, C. J.
1. The principle to be extracted from our decisions is, that the court of chancery retains its original jurisdiction over administrations, the marshaling and distribution of assets, and the compulsory payment of legacies. The jurisdiction may be invoked by heirs, distributees, -or legatees, at any time before the concurrent jurisdiction of the court of probate has attached, without the assignment of .-any special reason; though it can not be by the executor or administrator except under special circumstances, where the powers of the court of probate are inadequate, or injustice to himself or…
2Cases cited21 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Mooers v. WhiteNew York Court of Chancery · 1822
- Goodman v. WalkerSupreme Court of Alabama · 1857
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Taylor v. CrookSupreme Court of Alabama · 1902
- Scott v. WareSupreme Court of Alabama · 1879
- Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
37 more not listed; retrieve them via the Exa API.