Blackman v. Davis
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In the matter of the estate of W. W. Pope, deceased, and an application to remove the administrator thereof, for maladministration. On the 15th August, 1867, B. J. Davis, the appellee, as the guardian of the minor children of said decedent, filed his petition in the probate court of Henry county, to remove Thomas G. Blackman, the appellant, from the administration of said estate.
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Appeal from the Probate Court of Henry. In the matter of the estate of W. W. Pope, deceased, and an application to remove the administrator thereof, for maladministration. On the 15th August, 1867, B. J. Davis, the appellee, as the guardian of the minor children of said decedent, filed his petition in the probate court of Henry county, to remove Thomas G. Blackman, the appellant, from the administration of said estate. The petition was duly sworn to and was as follows : “ To the Hon. D. Carmichael, judge,” &c.: “Tour petitioner, B. J. Davis, guardian of the minor children of W. W. Pope, late…
1Opinion of the CourtByrd, J.
The appellee is not authorized by section 1698 of the Code to make an application for the removal of an administrator. Such an application should be filed in the name of the wards. If the subject were governed by section 2036, the petition here would not be conformable to it, for the application is not by the guardian for the use of the ward. Indeed, the names of the wards are not even stated. It is, really, a mere application by a guardian. "We think, however, that the proper mode of proceeding for infants in this case, is in the name of the infants by the guardians or next friend, by…
2Cited by7 opinions
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- Worthington v. WorthingtonSupreme Court of Alabama · 1928
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