Horton v. Averett
Supreme Court of Alabama
Error to the Court of Probate of Shelby. cited Willis v. Willis, 9 Ala. 721; Price v. Simmons, 13 ib. 749; Clay’s Digest 304, § 42; ib. 19 6, §§ 22, 23; Pamphlet Acts of 1846, page 14.
1Opinion of the CourtColeman, J.
This was a proceeding had before the Probate Judge to recover a legacy bequeathed by Thomas Aver-ett, deceased, to his wife, Lucinda Averett. To ascertain the law regulating proceedings of this character, it will be necessary to examine and compare the several statutes on this subject.
By the twenty-third section of the statute in relation to estates of deceased persons, (Clay’s Digest 196,) it is declared, that “ any person entitled to the distribution of an intestate’s estate, may at any time after the expiration of eighteen-months from granting the letters of administration, petition the…
2Cited by1 opinion
- Walker v. JohnsonSupreme Court of Alabama · 1886