Hardwick v. Hardwick
Supreme Court of Alabama
Appeal from St. Clair Chancery Court. Heard before Hon.. W. W. Whiteside. Bill by Lula R. Hardwick and others against George R. Hardwick as administrator to remove an estate from the probate to the chancery court. Pen dings the proceedings an order of sale was made by the chancellor and from this order this appeal is prosecuted.
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Appeal from St. Clair Chancery Court. Heard before Hon.. W. W. Whiteside. Bill by Lula R. Hardwick and others against George R. Hardwick as administrator to remove an estate from the probate to the chancery court. Pen dings the proceedings an order of sale was made by the chancellor and from this order this appeal is prosecuted. If the bill had been one for removal merely it would not have been subject to demurrer but seeking also a decree for sale, of lands for distribution, and having been filed within six months after the death of the testator, the bill was prematurely filed and the…
1Opinion of the CourtMcCLELLAN, J.
That an heir or distributee of an estate, in course of administration in the probate court, before that court has taken steps for or entered upon fiual settlement thereof, may invoke the jurisdiction of equity in the administration of the estate, and hence its removal thereto from the probate court, and so without assigning any other or special ground of equity jurisdiction therefor, has been long and repeatedly decided here. The suit is not of the class prohibited by the statute. — Code 1907, § 2893; Code 1896, § 331; St. John v. St. John, 150 Ala. 237, 43 South. 580.
*392In this case the court…
2Cases cited2 opinions
- Roy v. RoySupreme Court of Alabama · 1909
- St. John v. St. JohnSupreme Court of Alabama · 1907
3Cited by19 opinions
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Owen v. MillerSupreme Court of Alabama · 1981
- Anderson v. SteinerSupreme Court of Alabama · 1927
- Wise v. MillerSupreme Court of Alabama · 1927
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