Legal Opinion

Ex Parte Bond

Supreme Court of Alabama

Decided June 12, 1947No. 6 Div. 576Published

1Opinion of the Court

GARDNER, Chief Justice.

In Ex parte Petty, Ala.Sup., 31 So.2d 575 1 the court held the guardian ad litem, in that cause, had authority to contest the will offered for probate. This was in accord with the view of the trial court and contrary to that entertained by us upon original consideration. The court, however, entered an order requiring the minors to give security for the costs as condition precedent to the contest of the will by such guardian, rested upon the theory that the minors were non-residents of the State, and that the case of Ex parte Winn, 226 Ala. 447, 147 So. 625, was…

2Cases cited7 opinions

  1. Ward v. MathewsSupreme Court of Alabama · 1898
  2. Perryman v. BurgsterSupreme Court of Alabama · 1837
  3. Ex Parte BlackburnSupreme Court of Alabama · 1920
  4. Ex Parte WinnSupreme Court of Alabama · 1933
  5. Stevenson v. Guardian Life Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1941

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