Seay v. Graves
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before 1-Ion. L. D. Gardner. Bill by Lula Graves, individually, and as administratrix with the will annexed, of Emma Seay, against W. J. Seay, to remove the administration of decedent’s estate from the probate to the chancery court, to recover assets and for an accounting against the husband of testatrix as agent of the estate.
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Appeal from Pike Chancery Court. Heard before 1-Ion. L. D. Gardner. Bill by Lula Graves, individually, and as administratrix with the will annexed, of Emma Seay, against W. J. Seay, to remove the administration of decedent’s estate from the probate to the chancery court, to recover assets and for an accounting against the husband of testatrix as agent of the estate. Prom a decree overruling a demurrer to the bill, respondent appeals.- The Act of 1911, p. 574, does not extend an administratrix the privilege of removing the administration of an estate from the probate to the chancery court…
1Opinion of the CourtMcCLELLAN, J.
This bill was filed by Lula Graves, individually and as administratrix with the will annexed of the estate of Emma B. Seay, deceased, of whom W. J. Seay (appellant) is the surviving husband. The heirs at law and next of kin of the testatrix, as well as *134the surviving husband, were made parties defendant thereto. Under the will of the testatrix, which has been duly probated, Lula Graves is a devisee and also a legatee of one-half of $1,000, “which W. J. Seay has in his hands belonging to me [i. e., testatrix], of my own separate estate. * * *”
The testatrix left no children; and the next of kin…
2Cases cited5 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Parkman's Adm'r v. Aicardi & ToolSupreme Court of Alabama · 1859
- Bromberg v. BatesSupreme Court of Alabama · 1893
- Russell v. GarrettSupreme Court of Alabama · 1883
- Davis v. Vandiver & Co.Supreme Court of Alabama · 1904
3Cited by6 opinions
- Faulk v. MoneySupreme Court of Alabama · 1938
- McLendon v. Truckee Land Co.Supreme Court of Alabama · 1927
- Travelers' Fire Ins. Co. v. YoungSupreme Court of Alabama · 1932
- Little v. BurgessSupreme Court of Alabama · 1941
- Easterling v. ClecklerSupreme Court of Alabama · 1959
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