Portis v. Creagh
Supreme Court of Alabama
In error to the Circuit Court of Clarke County. This case originated in proceedings, carried on in the Orphans’ Court of Clarke County, and removed thence, to the Circuit Court, by Garrard W. Creagh, an executor, against whom, with others, a decree of the Orphans’ Court had been rendered.
Read the full summary
In error to the Circuit Court of Clarke County. This case originated in proceedings, carried on in the Orphans’ Court of Clarke County, and removed thence, to the Circuit Court, by Garrard W. Creagh, an executor, against whom, with others, a decree of the Orphans’ Court had been rendered. From the record, the following facts appeared: On the seventh day of November, eighteen hundred and twenty-five, the will of Ira Portis, deceased, was admitted to probate, in the County Court of Clarke County. The will is in these words— “In the name of God. I will, ordain, and constitute, this my last will…
1Opinion of the CourtGoldthwaite, J.
— It is apparent, that this record presents some striking irregularities, in relation to the statement of the names of the contesting parties — the several interests of those claiming a right to contest the accounts of the executors; and, it is much to be regretted, that a Court, possessing so extensive a jurisdiction, and of such direct and pressing importance to the community, as the Orphans’ Court of the several Counties, should be so little governed, by any settled rules of practice and proceedings.
In the present case, it should have been distinctly shewn, at whose instance this…
2Cited by2 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Billingsley v. HarrisSupreme Court of Alabama · 1850