May's Heirs v. May's Adm'r.
Supreme Court of Alabama
Appeal from the Court of Probate of Greene. John May died, in Greene county, in 1853, after having made and published his last will and testament in writing, dated April 25, 1849, and attested by three witnesses, which was duly admitted to probate on the 27th June, 1853, and which contained the following provisions: The first clause directed the payment of all his just debts; the sixth clause appointed his son, Pleasant May, and his son-in-law, James A. Moore, as his…
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Appeal from the Court of Probate of Greene. John May died, in Greene county, in 1853, after having made and published his last will and testament in writing, dated April 25, 1849, and attested by three witnesses, which was duly admitted to probate on the 27th June, 1853, and which contained the following provisions: The first clause directed the payment of all his just debts; the sixth clause appointed his son, Pleasant May, and his son-in-law, James A. Moore, as his executors; and the other clauses were in the following words: “ Secondly. — After the payment of my debts, as directed above, I…
1Opinion of the CourtChilton, C. J.
1. Since this case was argued, a brief has been submitted, on the part of Mr. Murphy, insisting that the appeal should be dismissed, on the ground that it is not warranted by the Code; but we think the objection cannot be supported. As to the property distributed, the decree of the court confirming the report of the commissioners appointed to make distribution, and ordering it to be made accordingly, is final, (Code, § 1798); and we think an appeal *151lies, in all cases, where a distribution of an intestate’s estate is made among distributees, and they should be dissatisfied with such…
2Cases cited3 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Smith v. HallSupreme Court of Alabama · 1852
- Smith v. Smith's Adm'rsSupreme Court of Alabama · 1852
3Cited by4 opinions
- Kramer v. KramerCourt of Appeals for the Fifth Circuit · 1912
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
- Brunn v. SohuettWisconsin Supreme Court · 1884
- In re Estate of Garratt, Superior Court of California, County of San Francisco1892