Bean v. Chapman
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. Lewis Wyeth. This was a suit by Benjamin F. Bean, as the administrator-tie bonis non of the estate of Lawson Garner, deceased, against Beuben Chapman and Septimus D. Cabaniss, founded on a bond executed by the defendants as the sureties of one D. L. Larkin, on 27th January, 1860, and payable to the said Lawson Garner twelve months after date; and was commenced on 1st September, 1871. The defendants pleaded, among other…
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Appeal from Madison Circuit Court. Tried before Hon. Lewis Wyeth. This was a suit by Benjamin F. Bean, as the administrator-tie bonis non of the estate of Lawson Garner, deceased, against Beuben Chapman and Septimus D. Cabaniss, founded on a bond executed by the defendants as the sureties of one D. L. Larkin, on 27th January, 1860, and payable to the said Lawson Garner twelve months after date; and was commenced on 1st September, 1871. The defendants pleaded, among other things, that the plaintiff was not, at the commencement of the suit, and never had been the administrator de bonis non of…
1Opinion of the CourtSomebyille, J.
— The letters of administration granted by the Probate Court of Morgan county to Bean and Garner, in November, 1863, were valid, although made during the late war. This was settled in Nelson v. Boynton, 54 Ala. 368, which has not since been departed from. — Kellam v. Allen, 69 Ala. 442.
So long, therefore, as these appointees continued to hold, and no vacancy was created in the administration by their resignation, removal, or death, no subsequent grant could be *144made of letters of administration de bonis non to any other person. The action of the probate court making the second grant of…
2Cases cited11 opinions
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Coltart v. AllenSupreme Court of Alabama · 1866
- Allen v. KellamSupreme Court of Alabama · 1881
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Duncan v. StewartSupreme Court of Alabama · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kling v. ConnellSupreme Court of Alabama · 1894
- Henley v. JohnstonSupreme Court of Alabama · 1902
- Sands v. HickeySupreme Court of Alabama · 1902
- Pruett v. PruettSupreme Court of Alabama · 1901
- Peavy v. GriffinSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.