Breeding v. Breeding
Supreme Court of Alabama
Appeal from the Probate Court of Morgan. Heard before the Hon. William E. Skeggs. ■ William Breeding, a resident citizein of Morgan county, died on May. 16, 1899, leaving an estate of. real and personal- property in said -count. . • On May 18, 1899, Millard-W., Breeding propounded. for probate an alleged will and testament purporting to 'have, been executed by William Breeding, deceased, wherein -said Millard W. Breeding was named as one of the legatees and also as -one of…
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Appeal from the Probate Court of Morgan. Heard before the Hon. William E. Skeggs. ■ William Breeding, a resident citizein of Morgan county, died on May. 16, 1899, leaving an estate of. real and personal- property in said -count. . • On May 18, 1899, Millard-W., Breeding propounded. for probate an alleged will and testament purporting to 'have, been executed by William Breeding, deceased, wherein -said Millard W. Breeding was named as one of the legatees and also as -one of the executors - of said will. Said application for probate was set for hearing on June 12, 1899. On ¡that day James…
1Opinion of the CourtTyson, J.
The petition in this -case was filed for the purpose of having the probate court revoke letters of special administration granted to the appellee.Numerous grounds were assigned, in the petition, but those relied upon assert the want of jurisdiction in the court to grant the letters. These letters were granted under the authority conferred by section 62 of the -Code, which is in these words: “The judge of probate may, in -any contest respecting the validity of -a will, or for the purpose of collecting the goods of the deceased, or in any -other -case in which it is necessary, appoint a special…
2Cases cited5 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Burke v. MutchSupreme Court of Alabama · 1880
- Davis v. SwearingenSupreme Court of Alabama · 1876
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