Levert v. Read
Supreme Court of Alabama
Appeal from Madison Probate Court. This is an appeal by appellant, Levert, from an order of the probate court rejecting and denying a claim held by her against the insolvent estate of John Bead, deceased.
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Appeal from Madison Probate Court. This is an appeal by appellant, Levert, from an order of the probate court rejecting and denying a claim held by her against the insolvent estate of John Bead, deceased. Letters testamentary were granted to John B. Bead upon the estate of the deceased on the 26th day of April, 1861. On the 18th day of September, 1866, Francis J. Levert, appellant’s testator, filed and registered in the probate judge’s office, a duly verified, claim against said estate, which had been duly presented to the executor, on the 21st September, 1861. This filing was after the…
1Opinion of the CourtStone, J.
We are satisfied that Mrs. Levert, in filing the claim verified, as shown in this record, did so with a view to a compliance with the requirements of § 2198 of Revised Code. The claim was properly docketed as an insolvent claim — was placed among the other claims filed against the insolvent estate — and we think it should have been allowed. — Norville v. Williams, 35 Ala. 551. We approve and adopt the argument of appellant’s counsel in Clement v. Nelson, 46 Ala. 634.
The case of Clement v. Nelson, 46 Ala. 634, so far as the same is in conflict with this opinion, is overruled.
Reversed and…
2Cases cited2 opinions
- Norvill v. Williams' Adm'rSupreme Court of Alabama · 1860
- Clement v. NelsonSupreme Court of Alabama · 1871
3Cited by17 opinions
- French v. PowellCalifornia Supreme Court · 1902
- Guerney v. MooreSupreme Court of Missouri · 1895
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- People's Holding Co. v. BraySupreme Court of Connecticut · 1934
- Schwarzschild v. BinsseSupreme Court of Connecticut · 1976
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