Kirkbride v. Kelly
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by E. B. Kirkbride as administrator of the estate of Mary Ann Kelly, deceased, and another, against William P. Kelly and others, to remove the administration from the probate to the chancery court, and for other purposes. Decree sustaining demurrer to the bill, and complainants appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by E. B. Kirkbride as administrator of the estate of Mary Ann Kelly, deceased, and another, against William P. Kelly and others, to remove the administration from the probate to the chancery court, and for other purposes. Decree sustaining demurrer to the bill, and complainants appeal. Where no steps have been taken for final settlement of an estate it may be removed from the probate to the chancery court by an heir, legatee or devisee without assigning any special reasons. — St. John, et al. v. St. John, 150 Ala.…
1Opinion of the CourtMayfield, J.
Appellants—one, the administrator of the estate of Mary Ann Kelly, the other, an heir of said decedent — file this bill in equity against the other heirs and a mortgagee of the land in question, to remove the administration of the estate from the probate court to the chancery court, and to sell the lands of such estate for the payment of the debts of the decedent, and to charge the interest of one of the heirs, Peter Kelly, with his indebtedness due the estate. Peter-Kelly demurred to the bill as amended, on the grounds: (1) That there was a misjoinder of complainants; (2) that no facts were…
2Cases cited8 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Teague v. CorbittSupreme Court of Alabama · 1877
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Chighizola v. Le BaronSupreme Court of Alabama · 1852
- Branch Bank v. FrySupreme Court of Alabama · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. SmithSupreme Court of Alabama · 1957
- State v. UnderwoodWyoming Supreme Court · 1939
- Ex Parte StephensSupreme Court of Alabama · 1936
- Allgood v. BainsSupreme Court of Alabama · 1946
- Scott v. MussaferSupreme Court of Alabama · 1931
2 more not listed; retrieve them via the Exa API.