Childs v. Davis
Supreme Court of Alabama
Petition to Annul Letters of Administration. Appeal from Jefferson Probate Court. Heard before Hod! J. P. Stiles. .Application by Mathew Childs to set aside and annul letters of administration granted to G. W. Davis. From a judgment denying his petition, said Childs appeals.
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Petition to Annul Letters of Administration. Appeal from Jefferson Probate Court. Heard before Hod! J. P. Stiles. .Application by Mathew Childs to set aside and annul letters of administration granted to G. W. Davis. From a judgment denying his petition, said Childs appeals. By a petition filed on the 9th day of January, 1911, it is alleged that Arthur Rowland departed this life on the 20th day of December, 1910, leaving no last will and testament, and that G. W. Davis was a cousin and nearest relative in America; that he was 21 years old, etc. On the same day the petition was filed, an order…
1Opinion of the CourtAnderson, J.
Section 2520 of the Code of 1907 fixes the order in which persons are entitled to letters of administration. There was no widow, and the appellee, Davis, sought letters under the second class as next of kin, while the appellant claims to be a creditor under the third class. Section 2522 provides that, unless the persons under the first three subdivisions of section. 2520 apply for letters within 40 days after the death of the intestate is known, the persons so entitled must be held to have relinquished their right to administration. Letters were granted to Davis more than 15 days after the…
2Cases cited5 opinions
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Davis v. SwearingenSupreme Court of Alabama · 1876
- Curtis v. BurtSupreme Court of Alabama · 1859
- Wheat v. FullerSupreme Court of Alabama · 1886
3Cited by7 opinions
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Murphy v. FreemanSupreme Court of Alabama · 1930
- Alabama Co. v. BrownSupreme Court of Alabama · 1921
- Starlin v. LoveSupreme Court of Alabama · 1938
- Bivin v. MillsapSupreme Court of Alabama · 1939
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