Plunkett v. Kelly
Supreme Court of Alabama
Error to the Chancery Court of Dallas. Heard before the Hon. James B. Clark. This was a bill in chancery filed by the plaintiffs in error, in which they charge, that on the 19th of May, 1886, Matthew Plunkett died intestate in Dallas county, leaving neither widow nor children, and possessed, at tbe time of bis death, of a considerable estate, both real and personal, situated in said county; that defendant, "Whitted, was duly appointed his administrator,and gaye bond and…
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Error to the Chancery Court of Dallas. Heard before the Hon. James B. Clark. This was a bill in chancery filed by the plaintiffs in error, in which they charge, that on the 19th of May, 1886, Matthew Plunkett died intestate in Dallas county, leaving neither widow nor children, and possessed, at tbe time of bis death, of a considerable estate, both real and personal, situated in said county; that defendant, "Whitted, was duly appointed his administrator,and gaye bond and entered upon the office. It is further alleged, that some time before the death of Matthew, in January,. 1835, Christopher…
1Opinion of the Court
CHILTON, C. J.'
It is very clear that the bill contains no equity as to Richard Plunkett, who claims through his father, James, the latter having died since the decease of Matthew and Christopher, whose estates are sought to be settled and distributed. The interest in these estates which Richard claims, became vested in his father before his death, and goes to his administrator. It has been several times decided by this court, that when a distributee of an estate has died, his personal representative is an indispensable party to proceedings for the distribution of the estate; and that…
2Cases cited2 opinions
- Wilkins v. JudgeSupreme Court of Alabama · 1848
- Distributees of Hall v. AndrewsSupreme Court of Alabama · 1849
3Cited by6 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Wright v. LangSupreme Court of Alabama · 1880
- McCracken v. McCaslinMissouri Court of Appeals · 1892
- Sullivan v. LawlerSupreme Court of Alabama · 1882
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