Pruett v. Pruett
Supreme Court of Alabama
ÁIT’KAL from the Probate Court of Montgomery. Heard before tlie lion. J. B. Castox. Tlie appellants, S. T. Pruett and O. J. Pruett, filed a petition in tlie probate court of Montgomery county asking that letters testamentry issued out of said court to Ada B. Pruett in tlie matter of tlie last mil and testament of Betli G. Pruett, deceased, be revoked.
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ÁIT’KAL from the Probate Court of Montgomery. Heard before tlie lion. J. B. Castox. Tlie appellants, S. T. Pruett and O. J. Pruett, filed a petition in tlie probate court of Montgomery county asking that letters testamentry issued out of said court to Ada B. Pruett in tlie matter of tlie last mil and testament of Betli G. Pruett, deceased, be revoked. The facts as shown by the pleadings and proof were that B. G. Pruett died leaving a last will and testament, in which he named B. T. Pruett, O. J. Pruett and George Feagin as executors, and Ada B. Pruett as executrix. The Avill was admitted to…
1Opinion of the CourtTyson, J.
This appeal is prosecuted from a decree of the probate court denying the petition of appellants seeking a revocation of letters testamentary issued to Mrs. Pruett. The will named appellants as executors *582and Mrs. Pruett as executrix. It was probated on the 8th day of April, 1901, and on the thirtieth day after probate, letter® testamentary were issued to the petitioners. On the thirty-first day after probate, the letters sought to be revoked in this proceeding, were issued to Mrs. Pruett.
“The common law traced the title and authority of an executor to the will. Without regard to the time of…
2Cases cited12 opinions
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Judson v. GibbonsNew York Supreme Court · 1830
- Coltart v. AllenSupreme Court of Alabama · 1866
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Matthews v. DouthittSupreme Court of Alabama · 1855
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3Cited by3 opinions
- Strickland v. MOBILE TOWING AND WRECKING CO., INC.Supreme Court of Alabama · 1974
- Moring v. LisenbySupreme Court of Alabama · 1941
- Stanley v. StanleySupreme Court of Alabama · 1919