Swope v. Swope
Supreme Court of Alabama
Appeal from Lawrence County Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope, pro ami against Clay Swope and others as guardians, etc., to remove an estate from the Probate to the Chancery court, and to wind up the estate. From a decree for complainant respondent appeals.
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Appeal from Lawrence County Court. Heard before Hon. W. H. Simpson. Bill by Carter Swope, pro ami against Clay Swope and others as guardians, etc., to remove an estate from the Probate to the Chancery court, and to wind up the estate. From a decree for complainant respondent appeals. The probate and chancery courts have concurrent jurisdiction in the matter of estates, and the court first taking-jurisdiction should retain it, unless cause for equitable interference should arise. — Warren v. Lewis, 53 Ala. 622; Ligón v. Ligón, 105 Ala. 464; McNeil v. McNeil, 36 Ala. 115. After an…
1Opinion of the CourtMayfield, J.
William C. Swoope, a resident of Lawrence county, Alabama, died intestate February 17, 1907, leaving four minor children, Annia, Temple, Clay and Carter, as his sole heirs. He left a considerable estate in Alabama, Mississippi and Tennessee, but was largely indebted. Edgar C. Swoope, a brother of intestate and main actor in this suit, was appointed administrator of the estates in all three of the states, and guardian of the wards and their estates in Alabama. The letters of administration and guardianship were *161granted by the probate court of Lawrence county, Ala., and the estate of the…
2Cases cited6 opinions
- Thomas v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1891
- Byrne v. GunningCourt of Appeals of Maryland · 1891
- Dent v. StateSupreme Court of Alabama · 1894
- Barwick v. RackleySupreme Court of Alabama · 1871
- Dowty v. HallSupreme Court of Alabama · 1887
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3Cited by20 opinions
- Fong Sik Leung, as Guardian Ad Litem for Fong Gar Hong v. John Foster Dulles, as Secretary of StateCourt of Appeals for the Ninth Circuit · 1955
- Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921
- Venable v. TurnerSupreme Court of Alabama · 1938
- Kirby v. GilliamSupreme Court of Virginia · 1943
- Perdue v. McKenzieSupreme Court of Georgia · 1942
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