Treadwell v. Rainey
Supreme Court of Alabama
Error to the Orphans’ Court of Benton. Application, by the plaintiff' in error, for letters of administration cum testamento annexo, of the estate of William Fagan, deceased.
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Error to the Orphans’ Court of Benton. Application, by the plaintiff' in error, for letters of administration cum testamento annexo, of the estate of William Fagan, deceased. It was suggested to the Court, that the executrix, Catharine Fagan, was appointed executrix by the will, ,and qualified in the year 1832, in' the State of Georgia, as such; and that real and personal estate, to a considerable amount, came to her hands in virtue of the will, and were retained by her in that capacity, for several years, she having a life-estate therein. That after the lapse of several years, some of the…
1Opinion of the CourtOrmond, J.
This was an application to tbe Orphans* Court of Benton county, for letters of administration cum testamento annexo of William Fagan, deceased. It appears that the executrix of the will qualified in the State of Georgia, where the testator died, and where the will was admitted to probate, and in virtue thereof took possession of the property bequeathed by the will, in which she had a life estate, and which consisting of slaves, has been brought to this State. It is very clear that the court had no power to grant the application Independent of the fact, that the executrix had a life estate in…
2Cases cited3 opinions
- Winship v. PittsNew York Court of Chancery · 1831
- Slack v. WalcottU.S. Circuit Court for the District of Rhode Island · 1825
- Densler v. EdwardsSupreme Court of Alabama · 1843
3Cited by4 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Ramey v. GreenSupreme Court of Alabama · 1851
- Green v. Distributees of FaganSupreme Court of Alabama · 1849
- Robinson v. RobinsonSupreme Court of Alabama · 1847