Alstork v. Curry
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by A. G. Alstork, as beneficiary and executor of the estate of John Wesley Al-stork, deceased, against Frank Curry and others, to remove the administration from the probate court to the circuit court in equity, and. for the construction of a will. From a decree rendered, complainant appeals.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by A. G. Alstork, as beneficiary and executor of the estate of John Wesley Al-stork, deceased, against Frank Curry and others, to remove the administration from the probate court to the circuit court in equity, and. for the construction of a will. From a decree rendered, complainant appeals. Chancery has none other than statutory jurisdiction to order a sale of decedent’s land. 159 Ala. 555, 18 South. 798; 164 Ala. 390, 51 South. 389; Sim’s Chan. Prac. 662; section 2621, Code 1907. If the executor has power to sell,…
1Opinion of the CourtMiller, J.
This bill is filed by A. G. Alstork, individually and as executor of the estate of John Wesley Alstork, deceased, to remove the administration of the estate from the prolate court into the circuit court, on the equity docket, and for the construction of the will.
[1] The bill of complaint is sworn to; it recites that petitioner is executor of the estate of John Wesley Alstork, deceased, that in his opinion the estate can be better administered in the circuit court in equity than in the probate court, and that no final settlement thereof has been made. Under these averments, by sworn petition…
2Cases cited8 opinions
- Parker v. RobertsonSupreme Court of Alabama · 1921
- Woodroof v. HundleySupreme Court of Alabama · 1905
- Johns v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1921
- Festorazzi v. St. Joseph's Catholic ChurchSupreme Court of Alabama · 1893
- Blount v. MooreSupreme Court of Alabama · 1875
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3Cited by4 opinions
- Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
- Harrold v. First Nat. Bank of Fort WorthDistrict Court, N.D. Texas · 1950
- Sparks v. WoolvertonSupreme Court of Alabama · 1924
- Thomas v. FieldSupreme Court of Alabama · 1923