Legal Opinion

Moses v. Faber

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 5 opinions

Appeal from the Probate Court of Autauga. Heard before the Hou. James H. Booth. This was an application to the Probate Court of Autauga county by the appellant, Henry C. Moses, as guardian of the minor children (all under fourteen years of age) of Isaac Abraham, deceased, to require the appellee, Jacob Eaber, to file an account and vouchers for a final settlement of his guardianship of the estates of said minors.

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Appeal from the Probate Court of Autauga. Heard before the Hou. James H. Booth. This was an application to the Probate Court of Autauga county by the appellant, Henry C. Moses, as guardian of the minor children (all under fourteen years of age) of Isaac Abraham, deceased, to require the appellee, Jacob Eaber, to file an account and vouchers for a final settlement of his guardianship of the estates of said minors. The mother of the wards had moved with tbem from Autauga to Montgomery county, and Faber was the guardian appointed in the former county, before the removal, and after the removal,…

1Opinion of the CourtClopton, J.

— By section 2800 of the Code, it is enacted : “Whenever the parent of any minor, who has the legal custody thereof, resides with. such minor in another State, or removes with such minor from this State and becomes a resident of another State, the property of such minor in this State may be removed to the State of his residence, by order of the Probate or Chancery Court having local jurisdiction of the estate of such minor. But no such order of removal shall be made until a guardian for such minor in the State of his residence is appointed and duly qualified according to the laws of such…

2Cases cited4 opinions

  1. Striplin v. WareSupreme Court of Alabama · 1860
  2. Carlisle v. TuttleSupreme Court of Alabama · 1857
  3. Dorman v. OgbourneSupreme Court of Alabama · 1849
  4. Kelly v. SmithSupreme Court of Alabama · 1849

3Cited by5 opinions

  1. Randall v. WadsworthSupreme Court of Alabama · 1900
  2. Ex Parte FletcherSupreme Court of Alabama · 1932
  3. Burton v. ColleySupreme Court of Oklahoma · 1925
  4. Loftin v. CardenSupreme Court of Alabama · 1919
  5. Henderson v. WrightSupreme Court of Alabama · 1929

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