Legal Opinion

Wheat v. Fuller

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 6 opinions

Appeal from the Probate Court of Cullman. Heard before the Hon. A. B. Hays. In tlie matter of the application of S. L. Fuller for the grant to him of letters of administration, with tie will annexed, on the estate of John M. Wheat, deceased, on the ground that he was the largest cx-editor of the estate.

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Appeal from the Probate Court of Cullman. Heard before the Hon. A. B. Hays. In tlie matter of the application of S. L. Fuller for the grant to him of letters of administration, with tie will annexed, on the estate of John M. Wheat, deceased, on the ground that he was the largest cx-editor of the estate. The application was resisted by the widow and children, who denied that the petitioner was a creditor at all; and a counter petition for the grant of letters was filed by the widow, who was named as executrix in the will. The court granted letters to said Fuller, and its decree is here…

1Opinion of the Court

STONE, O. J.

John M. Wheat died in January, 1886, a resident at the time of Oullman county, and leaving a last will and testament, of which he named his wife, Susan B. Wheat, to be executrix. .The will was subsequently probated, but the date of the probate is not given. In October,. 18ti6, — nine months after Wheat died — Fuller, setting forth that he was the largest creditor, and held a note made by testator, containing a waiver of exemptions, prayed to be appointed administrator. The appointment, though made, was resisted by the widow and children of testator, on various grounds. First, that…

2Cases cited8 opinions

  1. Barclift v. TreeceSupreme Court of Alabama · 1884
  2. Owens v. ChildsSupreme Court of Alabama · 1877
  3. Bell v. HallSupreme Court of Alabama · 1884
  4. Watson v. Collins' Adm'rSupreme Court of Alabama · 1861
  5. Davis v. SwearingenSupreme Court of Alabama · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re Slater's EstateUtah Supreme Court · 1919
  2. Childs v. DavisSupreme Court of Alabama · 1911
  3. Loeb v. CallawaySupreme Court of Alabama · 1948
  4. Ex parte WhiteSupreme Court of South Carolina · 1892
  5. Keith v. ProctorSupreme Court of Alabama · 1896

1 more not listed; retrieve them via the Exa API.

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