Phillips v. Peteet
Supreme Court of Alabama
Appeal from the Probate Court of Macon. In the matter of the estate of Nancy Phillips, deceased, on the application of Thomas II. Phillips for the grant of letters of administration to himself.
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Appeal from the Probate Court of Macon. In the matter of the estate of Nancy Phillips, deceased, on the application of Thomas II. Phillips for the grant of letters of administration to himself. The petition was filed on the 11th April, 1859, and alleged, that the said Nancy Phillips died, intestate, in February, 1859, in the State of Texas, leaving a considerable personal estate in said county of Macon ; that said intestate was about twelve years of age at the time of her death, and died without children, brothers or sisters, father or mother; and that the petitioner, who was her paternal…
1Opinion of the CourtStone, J.
The record in this case informs ns, that Nancy Phillips died intestate, leaving assets in the county of Macon. It does not inform us, that she was an inhabitant of another State. Indulging, as it is our duty to do, all reasonable intendments in favor of the correct ruling of the probate court, it is, at least, proper that we should presume she had her residence where her property was, if, by that presumption, the judgment of that court will be vindicated. — Shep. Digest, 437, §§ 29, 30, 31.
[2.] According to the rule above declared, it is manifest that Mr. Peteet stands to Miss Phillips, his…
2Cases cited3 opinions
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Williams v. McConicoSupreme Court of Alabama · 1855
- Brennan's Adm'r v. HarrisSupreme Court of Alabama · 1852
3Cited by10 opinions
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Rucker v. JacksonSupreme Court of Alabama · 1912
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- McFry v. CaseySupreme Court of Alabama · 1924
- Cox v. ClarkSupreme Court of Alabama · 1890
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