Sims v. Waters
Supreme Court of Alabama
Appeal from the Probate Court of Butler. In the matter of the estate of Stephen Sims, deceased, on the petition of Arthur C. Sims, one of the heirs and distributees, to compel a final settlement of the accounts of P. B. Waters, as administrator de bonis non.
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Appeal from the Probate Court of Butler. In the matter of the estate of Stephen Sims, deceased, on the petition of Arthur C. Sims, one of the heirs and distributees, to compel a final settlement of the accounts of P. B. Waters, as administrator de bonis non. The record shows that the decedent died in 1857, and letters of administration on his estate were duly granted to E. C. Davidson, who resigned on the 29th December, 1857; and on the same day letters of administration de bonis non were granted to said Waters, by virtue of bis office as sheriff of the county ; and on the 22d November, 1858,…
1Opinion of the CourtBbiokell, C. J.
— It is essential to the validity of a grant of administration de bonis non, that the preceding administration should have become vacant, by the resignation, removal, or death of the administrator. But, an order of the Court of Probate, granting the administration, can not be collaterally impeached, because the record does not affirmatively disclose the vacancy. In the grant of administration, that court derives its jurisdiction from the constitution, and is esteemed as a court of general,' rather than of limited, inferior jurisdiction : nothing is intended to be without its jurisdiction,…
2Cases cited7 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Camp v. WoodSupreme Court of Pennsylvania · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allen v. KellamSupreme Court of Alabama · 1881
- Morgan v. CaseySupreme Court of Alabama · 1882
- Clancy v. StephensSupreme Court of Alabama · 1890
- Bean v. ChapmanSupreme Court of Alabama · 1882
- Henley v. JohnstonSupreme Court of Alabama · 1902
5 more not listed; retrieve them via the Exa API.