Matthews v. Douthitt
Supreme Court of Alabama
AppbaXj from the Court of Probate of Franklin. In the matter of the estate of John Snow, deceased. The record shows that, on the 20th November, 1851, letters of administration were granted by said court to Cynthia D. Snow, the widow of said decedent; that on the same day appraisers of the estate were appointed, who subsequently returned an inventory of the estate, showing personal property to the amount of §42 10, and an order of sale was at the same time granted to the…
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AppbaXj from the Court of Probate of Franklin. In the matter of the estate of John Snow, deceased. The record shows that, on the 20th November, 1851, letters of administration were granted by said court to Cynthia D. Snow, the widow of said decedent; that on the same day appraisers of the estate were appointed, who subsequently returned an inventory of the estate, showing personal property to the amount of §42 10, and an order of sale was at the same time granted to the administratrix ; that at % special term of the court, held on the 25th September, 1852, the administra-trix made application…
1Opinion of the CourtRice, J.
The doctrine of the common law, in force in this State, is, that when the Probate Court has granted letters of administration to a person entitled to and capable of discharging the trust, it cannot make any new appointment of an administrator of the same estate, until the occurrence of one of those events or disabilities which, either temporarily or perpetually, vacates the office — as the death, or resignation of the party, the repeal of his authority, &c. If it makes any such new appointment before the occurrence of any one of *276such events or disabilities, such new appointment is totally…
2Cases cited4 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Gayle v. ElliottSupreme Court of Alabama · 1846
- Norman v. NormanSupreme Court of Alabama · 1842
- McGinty v. MabrySupreme Court of Alabama · 1853
3Cited by20 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Allen v. KellamSupreme Court of Alabama · 1881
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Beasley v. HowellSupreme Court of Alabama · 1897
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