Hurt v. Hurt
Supreme Court of Alabama
Appeal from Perry chancery Court. Heard before Hon. Thomas H. Smith. Bill by J. W. Hurt as executor against Annie E. Hurt and the other heirs to remove the administration of the estate from the probate to the chancery court. Nell Hurt Hanna, one of the heirs, filed an answer and cross bill asking that the executor give bond or that a receiver be appointed to také charge of the assets of the estate. From a decree appointing a receiver defendant appeals.
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Appeal from Perry chancery Court. Heard before Hon. Thomas H. Smith. Bill by J. W. Hurt as executor against Annie E. Hurt and the other heirs to remove the administration of the estate from the probate to the chancery court. Nell Hurt Hanna, one of the heirs, filed an answer and cross bill asking that the executor give bond or that a receiver be appointed to také charge of the assets of the estate. From a decree appointing a receiver defendant appeals. The instrument through which cross complainant claims title to the property is wholly insufficient to convey the property.— Wood, et al. v.…
1Opinion of the Court
DENSON, J.-
— The jurisdiction of the chancery court in the administration of estates is original (McNeill's Adm’r v. McNeill, 36 Ala. 109, 115, 76 Am. Dec. 320; Ligon v. Ligon, 105 Ala. 460,17 South. 89), and it is the privilege of the executor, at any time before the concurrent jurisdiction of the probate court has attached, when he finds the affairs of the estate so much involved that he cannot safely administer the estate except under the directions of a court of equity, to ask the interference of the chancery court, and for a removal of the administration of the estate into that court.…
2Cases cited30 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Ex parte WalkerSupreme Court of Alabama · 1854
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
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3Cited by10 opinions
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Ex Parte GreenSupreme Court of Alabama · 1930
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Ft. Dearborn Trust & Sav. Bank v. Skelly Oil Co.Supreme Court of Oklahoma · 1930
- Little v. BurgessSupreme Court of Alabama · 1941
5 more not listed; retrieve them via the Exa API.