Fuller v. Vincentelli
Supreme Court of Alabama
Appeal from Probate Court, Montgomery County; Chas. B. Teasley, Judge. Application by Michael Vincentelli, as guardian of Mary Vincentelli, non compos mentis, for the sale of certain property with reinvestment of the proceeds. Prom a decree granting the relief prayed for, H. B. Puller, as guardian ad litem, appeals.
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Appeal from Probate Court, Montgomery County; Chas. B. Teasley, Judge. Application by Michael Vincentelli, as guardian of Mary Vincentelli, non compos mentis, for the sale of certain property with reinvestment of the proceeds. Prom a decree granting the relief prayed for, H. B. Puller, as guardian ad litem, appeals. The only question raised on the appeal is whether the application set out sufficient facts to confer jurisdiction upon the court, and this question was not made until after the sale and'by the attorney for the successful bidder when passing upon the title. The petition did not…
1Opinion of the CourtSomerville, J.
This appeal is taken by the guardian ad litem from a decree of the probate court of Montgomery county ordering a sale of certain city real estate of a non compos mentis for reinvestment of the proceeds, on the petition of her lawful guardian.
Section 4411 of the Code provides that — ■
“The court of probate may authorize the guardian to sell any property of the ward, and direct the investment of the proceeds in bonds, notes, or bills of exchange at interest on mortgage security, or in other property or securities, in the name of the ward.”
And section 4412 provides that—
“To obtain such order of…
2Cases cited8 opinions
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
- Womble v. Trice's GuardianCourt of Appeals of Kentucky · 1902
- Van Houtan v. BlackSupreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ray v. FarrowSupreme Court of Alabama · 1924