Dunham v. Roberts
Supreme Court of Alabama
Appeal from the Court of Probate of Pickens. IN the MATTER of the estate of W. C. Dunham, deceased. The record discloses the following facts: At a regular term of the court, held on the 13th March, 1854, “ came Alexander B. Clitherall and Andrew J. Roberts, and moved the court to appoint them administrators on the estate of saidW. C. Dun-ham, deceased, and that they give separate bonds in equal amount; and it being made known to the court, by the said Alex.
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Appeal from the Court of Probate of Pickens. IN the MATTER of the estate of W. C. Dunham, deceased. The record discloses the following facts: At a regular term of the court, held on the 13th March, 1854, “ came Alexander B. Clitherall and Andrew J. Roberts, and moved the court to appoint them administrators on the estate of saidW. C. Dun-ham, deceased, and that they give separate bonds in equal amount; and it being made known to the court, by the said Alex. B. Clitherall, special attorney of Melissa C. Dunham, that the said Melissa, widow of the said deceased, relinquishes to said applicants…
1Opinion of the CourtChilton, C. J.
Conceding the facts stated in the petition to be true, as we must upon the trial of its legal sufficiency on demurrer, we think the court erred in dismissing it.
The Code gives the right to administer, first, to the widow, “ if she is willing to accept, and fit to serve.” — § 1668. She did not relinquish by failing to apply within forty days after the death of her husband was known (§ 1669) ; nor did she relinquish, or renounce, as provided in section 1662, for, in such case, the record must show either that she appeared before the judge of probate and declared her renunciation, or that she “…
2Cited by4 opinions
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Willoughby v. WilloughbySupreme Court of Alabama · 1919
- Johnston v. PiersonSupreme Court of Alabama · 1934
- Watson v. GloverSupreme Court of Alabama · 1884