Childress v. Bennett
Supreme Court of Alabama
Error to the Orphan’s Court of Greene. The questions here presented, arise out of a petition presented to the orphans’ court of Greene, by which, and the other proceedings found in the record, it appears, that one William L. Bennett, died in Williamson county, Tennessee, leaving a last will and testament, and that the plaintiff in error was appointed administrator de bonis non, with the will annexed, in the State of Tennessee — that the estate in Tennessee is largely…
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Error to the Orphan’s Court of Greene. The questions here presented, arise out of a petition presented to the orphans’ court of Greene, by which, and the other proceedings found in the record, it appears, that one William L. Bennett, died in Williamson county, Tennessee, leaving a last will and testament, and that the plaintiff in error was appointed administrator de bonis non, with the will annexed, in the State of Tennessee — that the estate in Tennessee is largely insolvent, and in the course of settlement in a chancery court in that State, there being a large balance due to creditors. It…
1Opinion of the CourtOrmond, J.
The administration granted in this State, is merely ancillary to the administration in the State of Tennessee, the forum domicilii, and the administration being settled, and there being neither heirs, distributees, or creditors, claiming the fund, it is clear it should be remitted to the administrator in the State of Tennessee, for distribution. [Harvey v. Richards, 1 Mason, 413; Dawes v. Boyleston, 4 Mass. 384; Miller’s Estate, 3 Rawle, 312; Story’s Con. of L. § 513.]
It appears, that although the estate is insolvent, the creditors in this State, have been paid their demands in full, to…
2Cases cited3 opinions
- Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
- Case of Miller's EstateSupreme Court of Pennsylvania · 1832
- Graham v. AbercrombieSupreme Court of Alabama · 1845
3Cited by8 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- In re Estate of GableSupreme Court of Iowa · 1890
- Hall v. PegramSupreme Court of Alabama · 1888
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Wright v. PhillipsSupreme Court of Alabama · 1876
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