Newsom v. Thornton
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before tbe Hon. H. C. Speake. The bill in this case was filed on the 8th February, 1870, by Whitmell R. Rewsom, as the executor of tbe last will and testament of Whitmell Rutland, deceased, against Lewis B. Tbornton, as the administrator of tbe estate of Eliza W. Johnson, deceased; and sought to enjoin proceedings in the-Probate Court, instituted by said Thornton, as administrator, to recover a pecuniary legacy bequeathed to…
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Appeal from the Chancery Court of Colbert. Heard before tbe Hon. H. C. Speake. The bill in this case was filed on the 8th February, 1870, by Whitmell R. Rewsom, as the executor of tbe last will and testament of Whitmell Rutland, deceased, against Lewis B. Tbornton, as the administrator of tbe estate of Eliza W. Johnson, deceased; and sought to enjoin proceedings in the-Probate Court, instituted by said Thornton, as administrator, to recover a pecuniary legacy bequeathed to his intestate by the will of said Rutland. The testator, said Whitmell Rutland, died on the 25th December, 1856. By his…
1Opinion of the CourtStone, J.
It is clearly settled in this court, that when the Probate Court has commenced the exercise of jurisdiction in the matter of a settlement, or other function connected with the administration of an estate, the Chancery Court can not intercept and oust such jurisdiction, unless the issue or inquiry present some question of equitable cognizance, which the Probate Court, by its powers and organism, is incompetent to determine. But the executor or administrator can, in no case, carry such proceeding into the Chancery Court, without assigning a special equitable reason therefor. Teague, v. Corbitt,…
2Cases cited5 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- State ex rel. Townshend v. MeagherSupreme Court of Missouri · 1869
- Weakley v. Gurley's Adm'rSupreme Court of Alabama · 1877
- Whorton v. MoragneSupreme Court of Alabama · 1877
3Cited by3 opinions
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Harland v. PersonSupreme Court of Alabama · 1890
- Jacobus v. JacobusNew Jersey Court of Chancery · 1883