Tucker v. Morris
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Eula R. Morris against Ada May Tucker, as administratrix of the estate of James L. Gilbert, and others, to remove the administration from the probate to the chancery court, for an accounting and the collection of a judgment and another claim against the estate. From a decree overruling demurrers to the bill as amended, respondents appeal.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Eula R. Morris against Ada May Tucker, as administratrix of the estate of James L. Gilbert, and others, to remove the administration from the probate to the chancery court, for an accounting and the collection of a judgment and another claim against the estate. From a decree overruling demurrers to the bill as amended, respondents appeal. The bill charges that at the time of its filing complainant was and is a judgment creditor and contract creditor of the estate of James Gilbert, and alleges the sale of certain…
1Opinion of the CourtMcCLELLAN, J.
On October 2, 1916, the complainant, appellee, filed this bill, against the appellant and others, as a judgment, and also a contract creditor of James L. Gilbert, deceased. By consent, the respondents other than this appellant were eliminated. The original bill sought the removal of the administration of Gilbert’s estate from the probate to the chancery court. After much sporadic activity in the cause, on the apparent assumption that the administration had in some way become removed from the probate to the chancery court, the complainant amended her bill (on January 14, 1921), by the addition…
2Cases cited1 opinion
- Rensford v. Magnus & Co.Supreme Court of Alabama · 1907
3Cited by2 opinions
- Irwin v. IrwinSupreme Court of Alabama · 1933
- Carter v. HutchensSupreme Court of Alabama · 1930