Newell v. Bradford
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Duke C. Bradford against A. T. Newell, as administrator of William A. Bradford, decease'd, and individually, and others, to remove the administration of the estate of the deceased from the probate to the chancery court, and for equitable relief against the administrator and for final settlement. Prom a decree for complainant, defendant named appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Duke C. Bradford against A. T. Newell, as administrator of William A. Bradford, decease'd, and individually, and others, to remove the administration of the estate of the deceased from the probate to the chancery court, and for equitable relief against the administrator and for final settlement. Prom a decree for complainant, defendant named appeals. Complainant is a distributee of the estate of William A. Bradford, deceased, and respondents are the administrator as such and individually, and other distributees.…
1Opinion of the CourtSomerville, J.
It is clear from the allegations of the bill that the administration of Bradford’s estate involves a settlement of partnership transactions and accounts between the administrator and the intestate’s estate, such as cannot be adequately handled by a court of probate.
The settlement of a partnership, and the adjustment of the accounts and interests of the copartners, are matters peculiarly of equitable cognizance, and in this case supply the necessary basis for the assumption of exclusive equity jurisdiction.-
'The bill sufficiently alleges and shows that a proper adjustment of claims and…
2Cited by1 opinion
- Luff v. LuffDistrict Court, District of Columbia · 1958