Pitts v. Darby
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. L. D. Gardner. Bill by P. H. Pitts, as administrator with the will annexed, against Jennie E. Darby and others, to determine whether or not the administrator can sell certain lands under the power contained in the will without an order of court, and, if not, to direct a sale of the land for distribution. Decree for respondents and complainants appeal.
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Appeal from Lowndes Chancery Court. Heard before Hon. L. D. Gardner. Bill by P. H. Pitts, as administrator with the will annexed, against Jennie E. Darby and others, to determine whether or not the administrator can sell certain lands under the power contained in the will without an order of court, and, if not, to direct a sale of the land for distribution. Decree for respondents and complainants appeal. The will is that of Alex F. Brevard, a resident of North Carolina, who devised certain lands to certain heirs who are made parties complainant with the administrator ; said lands lying and…
1Opinion of the CourtMcCLELLAN, J.
Since the instrument purporting to be a testamentary disposition of lands in this state owned by Alex P. Brevard, a resident of North Carolina, was not attested by two witnesses, as required by Code, § 6172, to pass the title to real estate — a fact appearing upon the face of the record authenticated by the superior court of North Carolina, in which the instrument was probated, to the probate court of Lowndes county, Ala., in which the lands lie — the authority of Blacksher Co. v. Northrup, 176 Ala. 190, 57 South. 743, 12 L. R. A. (N. S.) 454, requires the affirmance of the decree sustaining…
2Cases cited1 opinion
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
3Cited by10 opinions
- Walker v. ColeySupreme Court of Alabama · 1956
- Spencer v. HurdSupreme Court of Alabama · 1918
- Case v. Conservation & Land Co.Supreme Court of Alabama · 1951
- Self v. SelfSupreme Court of Alabama · 1925
- McCullough v. McCulloughSupreme Court of Alabama · 1945
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