Holdsombeck v. Fancher
Supreme Court of Alabama
Appeal from the Probate Court of Bibb. Tried before the Hon. M. Y. Hayes. E. W. Holdsombeck, as administrator de bonis non of the estate of John Latham, deceased, filed his petition in the probate court of Bibb county, in which he averred that there was a dispute existing between him, as such administrator, and certain heirs of the widow of John Latham, deceased, as to certain personal property, which had been set apart to the widow of petitioner’s intestate, and to which,…
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Appeal from the Probate Court of Bibb. Tried before the Hon. M. Y. Hayes. E. W. Holdsombeck, as administrator de bonis non of the estate of John Latham, deceased, filed his petition in the probate court of Bibb county, in which he averred that there was a dispute existing between him, as such administrator, and certain heirs of the widow of John Latham, deceased, as to certain personal property, which had been set apart to the widow of petitioner’s intestate, and to which, after said widow’s death, her heirs laid claim ; and that a part of said property was in the hands of the petitioner, and…
1Opinion of the CourtHead, J.
Section 2183 of the Code of 1886, provides that “on the settlement of the estate of a decedent yrhen such estate is free from debt, the probate court in *472■which such settlement may be pending has authority to refer all matters of controversy arising in such settlement to arbitration, if in the opinion of the court, the interests of the parties can be best subserved thereby, and the parties, or their attorneys, consent thereto;” and the subsequent sections of the article contain further provisions for the appointment of the ai'bitrators, the making of the award, the entry thereof as the…
2Cases cited6 opinions
- Jones v. DeyerSupreme Court of Alabama · 1849
- Hays v. CockrellSupreme Court of Alabama · 1867
- Wright v. EvansSupreme Court of Alabama · 1875
- Pettus v. McKinneySupreme Court of Alabama · 1876
- David's Adm'r v. DavidSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Capps v. NordenSupreme Court of Alabama · 1954
- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
- McLendon v. StephensSupreme Court of Alabama · 1899