Alexander v. Nelson
Supreme Court of Alabama
Appeal from the Probate Court of Eranklin county. On the 15th day of April, 1864, the will of Dr. Jacob Y. Johnson was probated, in the probate court of Eranklin county, Alabama. The executor, named in the will, failing to make application for letters testamentary, the widow of Dr. Johnson, Mrs. Sarah Johnson, filed her application, in said court, for letters of administration with the will annexed, on her husband’s estate.
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Appeal from the Probate Court of Eranklin county. On the 15th day of April, 1864, the will of Dr. Jacob Y. Johnson was probated, in the probate court of Eranklin county, Alabama. The executor, named in the will, failing to make application for letters testamentary, the widow of Dr. Johnson, Mrs. Sarah Johnson, filed her application, in said court, for letters of administration with the will annexed, on her husband’s estate. Her said application was contested by W. E. Alexander, the appellant in this case. This application was continued, for various causes, from time to time, until October,…
1Opinion of the CourtByrd, J.
1. By the joinder in error and the unqualified submission of the cause, the appellee waived the motions for a certiorari, and to dismiss the appeal, made in the brief of his counsel.
2. The main question in this case is, whether or not the order of the probate court granting letters of administration to appellant is void ? If it is, then the court below did not err in setting aside the decree in his favor against appellee.
The probate court, on the 5th day of March, 1866, appointed appellant administrator, with the will annexed, of Dr. Johnson. On the 23d day of November, 1865, the court…
2Cases cited7 opinions
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