Broughton v. Bradley
Supreme Court of Alabama
Appeals from the Circuit and Probate Court of Lowndes. Tried before the Hon. Nat. Coos, and lion. E. H. Cooe. The facts shown by the records in these two cases, so far as they are deemed material, may be thus stated : On the 12th March, 1857, Jackson J. Broughton, as the executor of the last will and testament of Edward Broughton, deceased, commenced two actions against Lawrence B. Bradley, in the circuit court of Lowndes; one founded on a promissory note for $>125, dated…
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Appeals from the Circuit and Probate Court of Lowndes. Tried before the Hon. Nat. Coos, and lion. E. H. Cooe. The facts shown by the records in these two cases, so far as they are deemed material, may be thus stated : On the 12th March, 1857, Jackson J. Broughton, as the executor of the last will and testament of Edward Broughton, deceased, commenced two actions against Lawrence B. Bradley, in the circuit court of Lowndes; one founded on a promissory note for $>125, dated the 27th December, 1850, and payable on the 1st January, 1852, to J. Brailsford; and the other founded on a promissory…
1Opinion of the CourtStone, J.
These two cases are so intimately connected, that we propose to consider them together.
The decision of these cases renders it necessary that we should determine whether the appointment by the probate court of Lowndes, of Mr. Bradley as administrator of Edward Broughton, deceased, was regular or irregular; and if irregular, whether the appointment was absolutely void, or only voidable. Mr. Bradley was appointed administrator generally, and not administrator with the will annexed.
’Our constitutional and statutory provisions, which confer on courts of probate, power to take proof of wills, and…
2Cases cited24 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Savage v. BenhamSupreme Court of Alabama · 1849
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3Cited by34 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Coltart v. AllenSupreme Court of Alabama · 1866
- Alabama Great Southern Railroad v. HillSupreme Court of Georgia · 1913
- Scripps v. Wayne Probate JudgeMichigan Supreme Court · 1902
- In Re Workman's EstateOregon Supreme Court · 1936
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