Bivin v. Millsap

ANDERSON, Chief Justice.

The probate court, within less than forty days after the death of Tom Bivin, appointed the appellee, E. T. Millsap, administrator of the estate of said Tom Bivin, deceased. The petition for the appointment was made by Willie Bivin, claiming to be the widow of the decedent as well as his next of kin. The right to appointment can not be delegated to another to the exclusion of the person upon whom the statute next casts the right, Curtis v. Williams, 33 Ala. 570, but the petition to appoint Millsap can operate as a waiver of the claims of those making same of a prior…