Bell v. Fulgham
Supreme Court of Alabama
Appeal from Probate) Court, Bibb County; W. J. Mcbolson, Judge. John R. EUlgbam petitioned for administration of tbe estate of Marion Bell, deceased, Ms half-brother, and qualified and made bond on May 4, 1918, when letters were issued. May 15, 1918, J. M. Bell petitioned as the father of deceased for letters of administration on the estate, qualified, and later asked for the recall of the letters issued to J. R. Eulgham, and to have himself appointed instead.
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Appeal from Probate) Court, Bibb County; W. J. Mcbolson, Judge. John R. EUlgbam petitioned for administration of tbe estate of Marion Bell, deceased, Ms half-brother, and qualified and made bond on May 4, 1918, when letters were issued. May 15, 1918, J. M. Bell petitioned as the father of deceased for letters of administration on the estate, qualified, and later asked for the recall of the letters issued to J. R. Eulgham, and to have himself appointed instead. Erom denial of his petition, ha appeals.
1Opinion of the CourtSayre, J.
[1-4] Appellant cannot read or write; but be is a man of good intelligence, accustomed to transact his own affairs, and, we infer from the evidence shown in the bill of exceptions, has a memory for the details of past transactions superior to that of the man of average book learning. It cannot be said, therefore, that he is incompetent to discharge the duties incident to the administration of an estate by reason of a want of understanding. It is not suggested that he is incompetent for any other reason. Under the statute, section 2520 of the Code, appellant, father of deceased, was entitled…
2Cases cited4 opinions
- Crommelin v. RaoullSupreme Court of Alabama · 1910
- Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.Supreme Court of Alabama · 1906
- Richardson v. PowellSupreme Court of Alabama · 1917
- Brown v. HaySupreme Court of Alabama · 1831
3Cited by19 opinions
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. FlowersSupreme Court of the United States · 1964
- Simmons v. CochranSupreme Court of Alabama · 1949
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Burnett v. GarrisonSupreme Court of Alabama · 1954
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