Ashurst v. Ashurst
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Gilley D. Ashurst as executrix against Harry G. Ashurst, co-executor, and others, to remove the settlement and administration of an estate from the probate to the chancery court, in which respondents file a cross bill. From a decree overruling demurrers to the original and cross bills, respondents appeal.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Gilley D. Ashurst as executrix against Harry G. Ashurst, co-executor, and others, to remove the settlement and administration of an estate from the probate to the chancery court, in which respondents file a cross bill. From a decree overruling demurrers to the original and cross bills, respondents appeal. The court of equity will not take jurisdiction to remove an administration from the probate to the. chancery court on bill filed by personal representatives unless there is special reasons therefor. — McNeal v.…
1Opinion of the CourtMayfield, J.
The bill in this case is filed by an executrix to remove the settlement and administration of the estate of her testator from the probate to the chancery court. The special ground alleged for the removal is to obtain the aid and assistance of the chancery court in the construction of the will, and in the administration of the trusts necessary to a proper settlement of the estate. The respondents, some of whom are co-executórs and devisees, demurred to the bill, which demurrer was overruled. The bill Avas subsequently amended, however, and the demurrer was interposed to the amended bill. An…
2Cases cited8 opinions
- Bailey v. . BriggsNew York Court of Appeals · 1874
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Trotter v. BlockerSupreme Court of Alabama · 1838
- Carroll v. RichardsonSupreme Court of Alabama · 1888
- Jones v. McPhillipsSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Thurlow v. BerrySupreme Court of Alabama · 1946
- Ex Parte McLendonSupreme Court of Alabama · 1924
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Upshaw v. EubankSupreme Court of Alabama · 1933
21 more not listed; retrieve them via the Exa API.