Varner v. Bevil
Supreme Court of Alabama
Error to- the Orphans’ Court of Marengo. The deceased owning lands and debts in the county where the will was propounded, which lands were devised in the will, gave the court jurisdiction. — Hyman v. Gaskins, 5 Iredell, 267; Treadwell v. Rainey, 9 Ala. 590; Clay’s Digest, 21-22-33, 300-301-303 p lb. § 10-12, 598; lb. § 21, 300; lb. § 22, SOIlb. $ 33, 303; lb. § 12, 598; Rice v. Jones, 4 Call. 89;. Jarman on Wills, 45; Dezezbats v. Burquiers, 1 Binny, 336. The counsel for the…
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Error to- the Orphans’ Court of Marengo. The deceased owning lands and debts in the county where the will was propounded, which lands were devised in the will, gave the court jurisdiction. — Hyman v. Gaskins, 5 Iredell, 267; Treadwell v. Rainey, 9 Ala. 590; Clay’s Digest, 21-22-33, 300-301-303 p lb. § 10-12, 598; lb. § 21, 300; lb. § 22, SOIlb. $ 33, 303; lb. § 12, 598; Rice v. Jones, 4 Call. 89;. Jarman on Wills, 45; Dezezbats v. Burquiers, 1 Binny, 336. The counsel for the defendant in error said in argument that the court could grant administration pendente Hie. This admits the…
1Opinion of the Court
CHILTON, J,
The question presented for our-consideration is, whether the will of Samuel Varner, which was made and published in the county of Octibbeha, in the State of Mississippi, and in which county the said deceased was domiciled at the time of his death, can be admitted to probate in the Orphans’ Court of Marengo county, in which his real estate and a small portion of his personal estate are situated, before any action is taken in respect of the -will in the State of Mississippi ? The court below determined that' it had no jurisdiction to admit the will to probate in this State, and…
2Cases cited1 opinion
- Shultz v. PulverNew York Court of Chancery · 1831
3Cited by22 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Daniel v. HillSupreme Court of Alabama · 1875
- Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
- Hoes v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1903
- Parnell v. ThompsonSupreme Court of Kansas · 1909
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