Clemens v. Wilson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. Wm. J.’ Haralson. On the 12th March, 1866, James L. Clemens filed his petition in said court, praying a mandamus, or rule nisi for a mandamus, against Robert D. Wilson, the probate judge of said county, requiring him to grant letters of administration on the estate of James Clemens, deceased, to F. P. Ward and W. W. Garth, or to some other suitable person.
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Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. Wm. J.’ Haralson. On the 12th March, 1866, James L. Clemens filed his petition in said court, praying a mandamus, or rule nisi for a mandamus, against Robert D. Wilson, the probate judge of said county, requiring him to grant letters of administration on the estate of James Clemens, deceased, to F. P. Ward and W. W. Garth, or to some other suitable person. The petition alleged that, on the 27th December, 1865, the petitioner filed his written petition in said probate court, asking to have the administration of said estate…
1Opinion of the CourtByrd, J.
In the case of Clemens v. Walker & Brickell, decided at the present term, we refer to the difficulty of construing orders made by some of the courts of probate. This difficulty occurs often, and occurs in this case. The order appointing Walker & Brickell administrators of the estate of James Olemens, deceased, is set out in this record, but was not in the other. It is apparent that they applied “for letters of special administration”; but the character or kind of administration is not shown. An administration de bonis non, as is shown in the case of Clemens v. Walker & Brickell, is a special…
2Cases cited4 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
- Eslava v. ElliottSupreme Court of Alabama · 1843
- Hosey v. BrasherSupreme Court of Alabama · 1839