St. John v. St. John
Supreme Court of Alabama
Appeal from the Mobile Chancery Court. Heard before Hon. Thomas IT. Smith. Bill by 'Samuel St. John against Thomas St. John, individually and as trustee for Randolph St. John and others, and another. From a decree overruling a demurrer to the bill, defendants appeal.
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Appeal from the Mobile Chancery Court. Heard before Hon. Thomas IT. Smith. Bill by 'Samuel St. John against Thomas St. John, individually and as trustee for Randolph St. John and others, and another. From a decree overruling a demurrer to the bill, defendants appeal. The bill sets forth the ages and residences of each defendant, together with their relation to the estate, attaches as an exhibit, to the bill the will of the decedent, alleges that the complainant agrees and consents to all the provisions of the will, seeks to have the administration of the estate removed from the probate to the…
1Opinion of the CourtMcCLELLAN, J.
This bill was filed by a legatee and devisee under the will of testatrix against other legatees and devisees and the executor of the last will and testameat of the testatrix, and prays the removal of the administratrix, and prays the removal of the administration from the probate into the chancery court and the sale of certain devised realty for the purpose of distribution among those entitled. It appears -from the bill that the executor qualified as such on May 28, 1906, and this bill was filed June 1, 1906. There had, of course, been no assumption by the probate court of jurisdiction to…
2Cases cited1 opinion
- Baker v. MitchellSupreme Court of Alabama · 1895
3Cited by4 opinions
- Hardwick v. HardwickSupreme Court of Alabama · 1909
- McKeithen v. RichSupreme Court of Alabama · 1920
- Siglin v. SmithSupreme Court of Alabama · 1910
- Whaley v. Rothschild & Co.Supreme Court of Alabama · 1912