Fields v. Baker

SIMPSON, Justice.

The primary inquiry posed by this appeal is whether nonresident executors under a will probated in Florida are entitled to have ancillary letters testamentary issued to them in this state pursuant to §§ 140 and 142, Title 61, Code 1940, without first offering the will for probate. A secondary inquiry .is, if letters are due to be issued, should the letters of administration on the estate theretofore issued to other parties in the probate court of Houston County, Alabama, be revoked on application of the executors (appellants) to that end?

Both questions are due an affirmative…