Brown v. Brown
Supreme Court of Alabama
Appeal from Probate Court, Etowah County; L. L. Herzberg, Judge. Petition of Cordelia Brown for tlae removal of D. B. Brown' as administrator of her husband’s estate and for her own appointment as administratrix. Prom a decree granting the relief prayed, D. B. Brown appeals.
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Appeal from Probate Court, Etowah County; L. L. Herzberg, Judge. Petition of Cordelia Brown for tlae removal of D. B. Brown' as administrator of her husband’s estate and for her own appointment as administratrix. Prom a decree granting the relief prayed, D. B. Brown appeals. A careful reading of sections 2559 to 2565, inclusive, Code 1907, is strongly persuasive that the Legislature never intended the appointment of nonresident administrators. 172 Ala. 287, 55 South. 248, Ann. Cas. 1913D, 651; 119 Ala. 403, 24 South. 851. If not a fit person to serve, she is not entitled to letters. 18 Cyc.…
1Opinion of the CourtThomas, J.
The appeal is from a decree of the probate court for the revocation of letters of administration and the appointment of petitioner as administratrix of the estate of her deceased husband.
The first application for letters of administration on the estate of Albert Brown, deceased, was by the father. The petition for removal and revocation thereafter made to the same- court was by the widow of deceased. It is insisted by appellant that such petitioner was disqualified by the fact, if such it be, of her being a nonresident of this state at the time of the death of the husband and the date of her…
2Cases cited14 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Bell v. FulghamSupreme Court of Alabama · 1918
- Williams v. McConicoSupreme Court of Alabama · 1855
- Crommelin v. RaoullSupreme Court of Alabama · 1910
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3Cited by6 opinions
- Hollis v. CrittendenSupreme Court of Alabama · 1948
- Starlin v. LoveSupreme Court of Alabama · 1938
- Fields v. BakerSupreme Court of Alabama · 1953
- Valda CARLETON v. William CARLETON, Jr.Court of Civil Appeals of Alabama · 2011
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
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