Dement v. Adm'rs of Boggess
Supreme Court of Alabama
Writ of Error to the Chancery Gourt of Madison county— 22d District. Before the Hon. W. W. Mason, Chancellor. This was a bill exhibited in the chancery court of Madison county, by John Dement, George B. Smith, and Benj.
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Writ of Error to the Chancery Gourt of Madison county— 22d District. Before the Hon. W. W. Mason, Chancellor. This was a bill exhibited in the chancery court of Madison county, by John Dement, George B. Smith, and Benj. F. Hammond, in which they charge, that one Bennet Boggess departed this life, having made his will, which being proved, one Rhoda Horton and William H. Clopton, were appointed by the orphans’ court of Madison county, administrators, with the will annexed, of said estate. That they reported the estate insolvent, and obtained authority to sell the personal, and a portion of the…
1Opinion of the CourtChilton, J.
It seems that most, if not all, of the matters urged as grounds of complaint in this bill, could very properly have been litigated and determined by the orphans’ court. That court, by our various statutes, is invested with enlarged powers over the estates of deceased persons; but the enactments conferring this authority do not prohibit the courts of chancery from the exercise of that jurisdiction which had previously vested in the courts of chancery, and in such case, the uniform interpretation is, that they confer concurrent, not exclusive jurisdiction. 1 Story’s Eq. 96, <§> 80. It is clear,…
2Cases cited1 opinion
- Thomas v. HearnSupreme Court of Alabama · 1835
3Cited by12 opinions
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Watts v. GayleSupreme Court of Alabama · 1852
- Waldron, Isley & Co. v. SimmonsSupreme Court of Alabama · 1856
- Baker v. MitchellSupreme Court of Alabama · 1895
- Hunley v. HunleySupreme Court of Alabama · 1848
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