Blackwell v. Vastbinder
Supreme Court of Alabama
Error to the County Court of Washington. This was a proceeding by the defendant in error against tho plaintiff in error, for a settlement of the estate of the defendant’s ' wife’s father.
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Error to the County Court of Washington. This was a proceeding by the defendant in error against tho plaintiff in error, for a settlement of the estate of the defendant’s ' wife’s father. The petition of the defendant in error to the Judge of Washington county court, is as follows: The petition of William G. Vastbinder, of the county of Baldwin, sheweth, that by a recent marriage with one of the heirs of Nathan Blackwell, dec’d, he has become interested in the final settlement of said estate. That the said Blackwell died intestate, seized of an estate in Washington county, on or about the…
1Opinion of the CourtOrmond, J.
In Taliaferro v. Bassett and others, [3 Ala. Rep. 670,] it was held by this court, that the orphan’s court had no power to cite an administrator to a settlement, unless appointed by the court issuing the citation, and that the jurisdiction of the court must appear upon the record In this case, it might perhaps be inferred, in support of the judgment below, from some parts of the record, that the plaintiff in error derived her appointment from the county court of Washington, .but as the case must be remanded on other grounds, when the petition may be amended, by alledging expressly that such…
2Cases cited1 opinion
- Taliferro v. BassettSupreme Court of Alabama · 1842
3Cited by5 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Cunningham v. ThomasSupreme Court of Alabama · 1877
- Parks v. StonumSupreme Court of Alabama · 1845
- King v. BrownSupreme Court of Alabama · 1895
- Moody v. HemphillSupreme Court of Alabama · 1883