Allen v. Draper
Supreme Court of Alabama
Appeal from Calboim Probate Court. Heard before the Hon. Emmett E. Cbook. Lula M. Draper filed her petition in the Probate Court of Calhoun county, alleging that she was one of the legatees under the will of Ephraim D. Allen, deceased, and that J. Baxter Allen, was appointed the executor of said will without being required to give bond; that petitioner was interested in said estate, and its administration to the extent of the property bequeathed to her by said will.
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Appeal from Calboim Probate Court. Heard before the Hon. Emmett E. Cbook. Lula M. Draper filed her petition in the Probate Court of Calhoun county, alleging that she was one of the legatees under the will of Ephraim D. Allen, deceased, and that J. Baxter Allen, was appointed the executor of said will without being required to give bond; that petitioner was interested in said estate, and its administration to the extent of the property bequeathed to her by said will. A copy of the will was attached, and made a part of the petition.' It further set out that letters testamentary had been granted…
1Opinion of the CourtMcCLELIAN, J.
Section 2025 of tiie Code provides: “Any testator may, by an express provision in bis will to tbat effect, exempt an executor from giving bond; and wben such provision is made such bond must not be required except in the following cases :
1. When aDy executor, heir, legatee, or other person interested in the estate, makes affidavit, showing his interest, and alleging that such interest is, or will be endangered for want of security.
2. When in the opinion of the Judge of Probate, the estate is likely to be wasted to the prejudice of any person interested therein.” Section 2026 provides : “In…
2Cases cited2 opinions
- Smith v. PhillipsSupreme Court of Alabama · 1875
- Phillips v. SmithSupreme Court of Alabama · 1878
3Cited by7 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- Torrey v. BurneySupreme Court of Alabama · 1896
- Farmers' Bank & Trust Co. v. BorroughsSupreme Court of Alabama · 1927
- Loeb v. CallawaySupreme Court of Alabama · 1948
- Cartiledge v. StateSupreme Court of Alabama · 1902
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