Shields v. Alston
Supreme Court of Alabama
On the 10th May, 1841, the defendant in error propounded for probate, to the Orphans’ Court of Marengo, a papor purporting to be the last will and testament of Polly Glover, late of that county deceased, of which-he was appointed executor. Thereupon citations were issued to John 0. Glover, Benjamin G Shields and Benjamin Glover — the former was returned “executed,” and the two latter returned “not found.”
Read the full summary
On the 10th May, 1841, the defendant in error propounded for probate, to the Orphans’ Court of Marengo, a papor purporting to be the last will and testament of Polly Glover, late of that county deceased, of which-he was appointed executor. Thereupon citations were issued to John 0. Glover, Benjamin G Shields and Benjamin Glover — the former was returned “executed,” and the two latter returned “not found.” On the 24th of May, citations were again directed to issue for Shields and B. Glover, which were regularly served — at the same time Leroy W. King was appointed a guardian ad litem for…
1Opinion of the CourtCollier, C. J.
By the eighth section of the act of June, 1821, it is enacted, that on application for,the probate of any will, ihe Clerk of the County Court shall issue a citation, requiring the sheriff to summon the widow or next of kin of the deceased to appear at some return day in the process named, (or appear at the next stated session,) and show if they have any thing to alledge against such application, &c., or on satisfactory proof that the deceased has no widow or kindred resident in the State, the application may be heard and determined; the Court at any stated session may hear and determine such…
2Cases cited2 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Henry v. RiskSupreme Court of the United States · 1788
3Cited by8 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- Heirs of Hill v. Hill's ex'rsSupreme Court of Alabama · 1844
- Powell's Distributees v. Powell's LegateesSupreme Court of Alabama · 1857
- Bibb v. GastonSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.