Herring v. Ricketts
Supreme Court of Alabama
Appeal from the Probate Court of Jefferson. Heard before the Hon. M. T. Porter. This proceeding was commenced by a £>etibion addressed to the probate judge to set aside, annul and vacate the probate of the will of Mary A. Thompson, deceased. The petition was filed by Mattie J. Herring and others against W. A. Ricketts, administrator de bonis non, and others.
Read the full summary
Appeal from the Probate Court of Jefferson. Heard before the Hon. M. T. Porter. This proceeding was commenced by a £>etibion addressed to the probate judge to set aside, annul and vacate the probate of the will of Mary A. Thompson, deceased. The petition was filed by Mattie J. Herring and others against W. A. Ricketts, administrator de bonis non, and others. All the facts that are necessary to an understanding of the decision of this court are sufficiently stated in the opinion. On the final hearing of the cause, the p>robate court refused the prayer of the petition, and dismissed the same.…
1Opinion of the CourtMcCLELLAN, J.
This is a proceeding in the probate court to set aside, annul and vacate the probate of the will of Mary A. Thompson, deceased. The application for probate was filed by Wm. M. Thompson, one of the next of kin of the testatrix. He was a minor, as were also all the next of kin, six in number, four of them being under fourteen, and one, the youngest, only three years of age. The grounds of the present application are, that notice of the proceeding for probate was never *342legally served on these infants, and that no guardian ad litem was appointed, or consented to act, or is shown by the record to…
2Cases cited13 opinions
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Clark v. GilmerSupreme Court of Alabama · 1856
- Hall's Heirs v. HallSupreme Court of Alabama · 1872
- Roy v. SegristSupreme Court of Alabama · 1851
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Kelen v. BrewerSupreme Court of Alabama · 1930
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Bank of Luverne v. TurkSupreme Court of Alabama · 1930
8 more not listed; retrieve them via the Exa API.