Roy v. Roy
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Roy against Roy and others to remove the administration of an estate from the probate’ to the chance, ry court, and for a sale of decedent’s land for distribution. From a decree ordering a private sale, respondents appeal. The court erred in ordering the sale upon the procedure set forth in the record after the filing of the petition for sale.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Roy against Roy and others to remove the administration of an estate from the probate’ to the chance, ry court, and for a sale of decedent’s land for distribution. From a decree ordering a private sale, respondents appeal. The court erred in ordering the sale upon the procedure set forth in the record after the filing of the petition for sale. The procedure required in the probate court should have been followed. — Bromberg v. Bates, 112 Ala.; Sharpe v. Sharpe, 76 Ala. 312; Bragg v. Beers, 71 Ala. 151. The…
1Opinion of the CourtMcCLELLAN, J.
The administration of the estate of James A. Boy, deceased, was properly removed from the probate into the chancery court of Jefferson county upon appropriate bill filed by Louis A. Roy, who was an heir at law of said interstate. Consequent upon this bill the usual processes and practices of the chancery court were employed to bring in parties respondent, resident and nonresident, adult and infant, and a guardian ad litem, consenting in writing to so serve, constituted, to represent the infant parties in interest in the cause. The jurisdiction, therefore, attached for all purposes of…
2Cases cited4 opinions
- Sharp v. SharpSupreme Court of Alabama · 1884
- Bragg v. BeersSupreme Court of Alabama · 1881
- Cox v. PriceSupreme Court of Virginia · 1895
- Ex parte LunsfordSupreme Court of Alabama · 1897
3Cited by16 opinions
- Dent v. FoySupreme Court of Alabama · 1921
- Roy v. O'NeillSupreme Court of Alabama · 1910
- State v. Mobile O. R. Co.Supreme Court of Alabama · 1934
- Anderson v. SteinerSupreme Court of Alabama · 1927
- Hardwick v. HardwickSupreme Court of Alabama · 1909
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