Hubbard v. Smith
Supreme Court of Alabama
Appeal from Probate Court of Pike. Tried before Hon. Willis C. Wood. This was an application of the minor heirs of one Smith, by their next friend, for the removal of the appellant as administrator de bonis non of the estate of said Smith, on the ground, among others, that he had never filed an inventory of the assets and property of said estate which had come into his hands, although eighteen months have elapsed siqee his appointment; and that he had failed to make any…
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Appeal from Probate Court of Pike. Tried before Hon. Willis C. Wood. This was an application of the minor heirs of one Smith, by their next friend, for the removal of the appellant as administrator de bonis non of the estate of said Smith, on the ground, among others, that he had never filed an inventory of the assets and property of said estate which had come into his hands, although eighteen months have elapsed siqee his appointment; and that he had failed to make any settlement of said administration, as required by law. The petition was sworn to by the next friend. The administrator moved…
1Opinion of the Court
B. F. S AFFÓLD, J,
The application for the removal of the administrator was made to the court from which the letters issued, by the-distributees. It was in writing, spec-’ ified two of the statutory grounds for removal, and was verified by the oath of the next friend of the minor distributees. — Rev. Code, 2019, 2020, 2017. It was therefore not subject to a demurrer. If the minors had no guardian, they were obliged to resort to a next friend.
It appears from the defense of the administrator, that the estate was quite small, consisting only of about three hundred and eighty dollars in money, and…
2Cited by8 opinions
- Estate of BuchmanCalifornia Court of Appeal · 1954
- Chadbourne v. ChadbourneCalifornia Court of Appeal · 1911
- Willoughby v. WilloughbySupreme Court of Alabama · 1919
- Black v. MorganSupreme Court of Alabama · 1933
- McCormick v. LangfordSupreme Court of Alabama · 1987
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