Flora v. Mennice
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Sumter. The record presents the following statement of facts. The plaintiff in error was appointed by the orphans’ court of Sumter county, administrator ad colligendum, of the goods that were of Nancy Flora, who in life was the plaintiff in error. It then shows, that citations, from time to time, were issued ■to him, requiring him to file an inventory of the estate, but were not served on him.
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Writ of Error to the Orphans’ Court of Sumter. The record presents the following statement of facts. The plaintiff in error was appointed by the orphans’ court of Sumter county, administrator ad colligendum, of the goods that were of Nancy Flora, who in life was the plaintiff in error. It then shows, that citations, from time to time, were issued ■to him, requiring him to file an inventory of the estate, but were not served on him. At the April term of the orphans’ court, these letters were revoked, and the defendant in error was appointed administrator in chief, of the estate of the…
1Opinion of the CourtDargan, J.
There is nothing whatever in the record, to show that the court erred in dismissing the petition. The petitioner had been appointed administrator ad colligendum, but the court could at any time appoint an administrator in ■chief, notwithstanding this grant of letters ad colligendum, An administrator ad colligendum is the mere agent, or officer of the court, to collect and preserve the goods of the deceased, until some one is clothed with authority to administer them; and as such, cannot complain that another is appointed administrator in chief.
If the plaintiff in error was entitled to the…
2Cited by7 opinions
- Mitchell v. ParkerSupreme Court of Alabama · 1933
- Little v. GavinSupreme Court of Alabama · 1943
- Davenport v. DavenportSupreme Court of New Jersey · 1904
- Erwin v. Br. Bank at MobileSupreme Court of Alabama · 1848
- Arendale v. JohnsonSupreme Court of Alabama · 1921
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