Hooper's v. Smith
Supreme Court of Alabama
Error to the Court of Probate of Dallas. The plaintiff in error, as executor of John Hooper, deceased, was cited to make a final settlement of said estate.
Read the full summary
Error to the Court of Probate of Dallas. The plaintiff in error, as executor of John Hooper, deceased, was cited to make a final settlement of said estate. The decree of the Court of Probate was reversed on error in favor of Smith and wife, and the cause was remanded. — See 20 Ala. 245. After the cause was remanded, the executor offered in evidence a written assignment or power of attorney, executed by Mrs. Smith, by which she transferred all her interest in said estate to James McDearman and others, and also a receipt from her to McDearman, acknowledging that he had satisfactorily accounted…
1Opinion of the CourtPhelan, J.
When this case was last here, (20 Ala. 245,) it was sent back in order that Smith, tho husband of one of the legatees under tho will of John Hooper, should be made a party to the settlement of his estate in the Probate Court.
Upon tho last hearing before the Probate Court of Dallas, there was no contest between the executor and the other legatees. The matter was narrowed down to a contest between Smith and wife (for the use of Mrs. Smith) against tho executor, respecting the legacy or share of Mrs. Smith under the will of her brother, the testator.
By way of defence in this contest with Smith…
2Cases cited3 opinions
- Bradford v. Greenway, Henry & SmithSupreme Court of Alabama · 1850
- Key v. VaughnSupreme Court of Alabama · 1849
- Smith v. HooperSupreme Court of Alabama · 1852
3Cited by10 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Holt v. AgnewSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.