Curtis v. Williams
Supreme Court of Alabama
Appeal from tbe Probate Court of Lowndes. In the matter of tbe estate of Joel Burt, deceased, on the application of Thomas D. Curtis, tbe appellant, for the revocation of letters of administration previously •granted to Thomas M. Williams, and the grant of letters to himself.
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Appeal from tbe Probate Court of Lowndes. In the matter of tbe estate of Joel Burt, deceased, on the application of Thomas D. Curtis, tbe appellant, for the revocation of letters of administration previously •granted to Thomas M. Williams, and the grant of letters to himself. The petition was filed on the 6th January, 1859, and alleged the following facts : That the decedent, •Joel Burt, died in Lowndes county, intestate, on the 28th November, 1858, having assets in said county at the time ■of his death ; that he left a widow, Mrs. Jane Burt, who resided with her husband at the time of his…
1Opinion of the Court
R. W. WALKER, J.—-
Sections 1668 and 1669 of the ■Code ai’e in the following words :
“ § 1668. Administration of an intestate’s estate must be granted to some une of the persons herein named, if willing -to accept and fit to serve, in the following order:
*572“ 1. The husband, or widow.
“ 2. The next of kin entitled to share in the distribution of the estate.
“ 3. The largest creditor of the intestate, residing within the State.
“4. Such other persons as the judge of probate may appoint.
“ § 1669. If no person entitled to the administration of the estate, according to the three first subdivisions of the…
2Cases cited3 opinions
- Mills v. CarterIndiana Supreme Court · 1846
- Dunham v. RobertsSupreme Court of Alabama · 1855
- Cutchin v. WilkinsonCourt of Appeals of Virginia · 1797
3Cited by25 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Alexander v. NelsonSupreme Court of Alabama · 1868
- Clark v. GlennSupreme Court of Alabama · 1947
- Starlin v. LoveSupreme Court of Alabama · 1938
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