Watts v. Frazer
Supreme Court of Alabama
Appeal from Bullock Chancery Court. Heard before Hon. Jno. A. Foster. This was a bill in equity exhibited on 25th August, 1883, by Gertrude Watts, by her next friend, P. C. Watts, against Catherine McRae, Houghton & Lasseter', R. G. Wright, S. T. Frazer, and others, and averred in substance: That complainant’s father, Dawson McRae, died intestate in said county in September, 1868, leaving a large real and personal estate, comparatively free from debt; that respondent,…
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Appeal from Bullock Chancery Court. Heard before Hon. Jno. A. Foster. This was a bill in equity exhibited on 25th August, 1883, by Gertrude Watts, by her next friend, P. C. Watts, against Catherine McRae, Houghton & Lasseter', R. G. Wright, S. T. Frazer, and others, and averred in substance: That complainant’s father, Dawson McRae, died intestate in said county in September, 1868, leaving a large real and personal estate, comparatively free from debt; that respondent, Catherine McRae, the widow of decedent and the mother of complainant, was appointed administratrix of said estate, and…
1Opinion of the CourtSomerville, J.
It is difficult to say whether the present bill is to be construed as one seeking to vacate a judgment of the Probate Court, rendered upon the settlement of the administration in question, upon the ground of fraud, or whether its purpose is to correct errors of law and fact, which are alleged to have occurred in the settlement of the estate, under the provisions of section 3837 of the Code of 1876. It would seem that these two aspects can not be united in the same suit in the alternative, for the reason that each alternative averment could not be the foundation for the same kind or character…
2Cases cited13 opinions
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