Cronk v. Cronk
Supreme Court of Alabama
Bin to Remove Administration Into the Chancery Court and Require Executor to Cine Bond. Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Suit by Edith Cronk and others against James William Cronk. Demurrer to the bill was overruled, and defendants appeal.
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Bin to Remove Administration Into the Chancery Court and Require Executor to Cine Bond. Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Suit by Edith Cronk and others against James William Cronk. Demurrer to the bill was overruled, and defendants appeal. This bill was exhibited by the appellees, as the re-maindermen and devises under the will of their deceased mother, against the appellant, as executor of the will and in liis individual capacity, and sought to remove the administration of. the estate into the chancery court, to require the appellant to enter into bond…
1Opinion of the CourtTyson, C. J.
— This bill is exhibited by the devisees under the last will and testament of Mrs. Geneta M. Cronk, deceased, against James W. Cronk, who was by the will appointed executor, and to whom letters testamentary were granted by the probate court of Mobile county, where the will was admitted to probate. The purpose of the bills is to remove the administration from the probate court, .where it is now pending, into the chancery court, and to require the executor to give a bond for the faithful discharge of his duties. By the express provisions of the will the executor is exempt from giving bond, and…
2Cases cited2 opinions
- Sharp v. SharpSupreme Court of Alabama · 1884
- Allen v. DraperSupreme Court of Alabama · 1893
3Cited by1 opinion
- Farmers' Bank & Trust Co. v. BorroughsSupreme Court of Alabama · 1927