Hightower v. Moore
Supreme Court of Alabama
Appeal from Probate Court of Russell. Tried before Hon. T. L. Appleby. This was an appeal by Hightower and wife from the order of the probate court dismissing their petition filed on the 10th day of July, 1869, for the removal of appellee as administrator of the estate of Matthew Matthews, deceased, Hightower’s wife being an heir of said decedent. The grounds alleged are— 1st. That the administrator has not made any settlement since December, 1865. 2d.
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Appeal from Probate Court of Russell. Tried before Hon. T. L. Appleby. This was an appeal by Hightower and wife from the order of the probate court dismissing their petition filed on the 10th day of July, 1869, for the removal of appellee as administrator of the estate of Matthew Matthews, deceased, Hightower’s wife being an heir of said decedent. The grounds alleged are— 1st. That the administrator has not made any settlement since December, 1865. 2d. That he has failed to make settlements. 8d. That he had sold property of the estate and taken Confederate money in payment therefor. On the…
1Opinion of the CourtB. F. Saffold, J.
The appellants petitioned the probate court for the removal of the appellee from the administration of the estate of Matthew Matthews, deceased.
*469They alleged, as grounds of removal — 1st. That he had not made any settlement since December, 1865. 2d. That he had failed to make settlements. 3d. That he had sold property of the estate and taken Confederate currency in payment. On the hearing, the court dismissed the application.
The last cause of removal alleged by the petition in 1869 can not be regarded as sufficient, inasmuch as the acts complained of were done four years before, and can not be…
2Cited by3 opinions
- Willoughby v. WilloughbySupreme Court of Alabama · 1919
- Black v. MorganSupreme Court of Alabama · 1933
- McCormick v. LangfordSupreme Court of Alabama · 1987