Clark v. Eubank
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 20th April, 1880, by Allen 0. Eubank and others, heirs-at-law and distributees of the estate of John M. Eubank, deceased, against Thomas C. Clark, as the administrator of said estate, and several other persons ; and sought to remove the settlement of said estate, which had been regularly reported and declared insolvent, into said court.
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Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 20th April, 1880, by Allen 0. Eubank and others, heirs-at-law and distributees of the estate of John M. Eubank, deceased, against Thomas C. Clark, as the administrator of said estate, and several other persons ; and sought to remove the settlement of said estate, which had been regularly reported and declared insolvent, into said court. According to the allegations of the bill, said John M. Eubank died, intestate, in February, 1861, leaving his widow, Mrs. Susan Y. Eubank, and…
1Opinion of the CourtStone, J.
— When an estate is declared insolvent, there is an eminent fitness in having the settlement finished in the Probate Court, unless there is involved in it some question of exclusive equitable cognizance, which the Probate Court, by reason of its limited powers, is incompetent to adjudicate. Moreover, by the act of declaring an estate insolvent, the Probate Court acquires jurisdiction of the settlement, which precludes all interference by the Chancery Court, unless a special equity is shown. — Clark v. West, 5 Ala. 117; Watts v. Gayle, 20 Ala. 817. In the present case, the estate had been…
2Cases cited6 opinions
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Watts v. GayleSupreme Court of Alabama · 1852
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Clarke v. WestSupreme Court of Alabama · 1843
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3Cited by3 opinions
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Jones v. McPhillipsSupreme Court of Alabama · 1884
- Clark v. HeadSupreme Court of Alabama · 1883