Sharp v. Sharp
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 10th September, 1881, by Lucinda J. Sharp, who was a daughter of William M. Sharp, deceased, against the personal representative of her deceased guardian, Josephus P. Sharp, and against the personal representative, widow and children of Samuel M. Sharp, deceased, who was a surety on the official bond of said guardian.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 10th September, 1881, by Lucinda J. Sharp, who was a daughter of William M. Sharp, deceased, against the personal representative of her deceased guardian, Josephus P. Sharp, and against the personal representative, widow and children of Samuel M. Sharp, deceased, who was a surety on the official bond of said guardian. Its object and prayer was — 1st, to remove the guardianship from the Probate Court, and compel a settlement of the accounts in the Chancery Court; 2d, to…
1Opinion of the CourtOlopton, J.
— When a court of equity takes jurisdiction of the administration of an estate of a decedent, the court takes the estate in its condition at .the time of taking jurisdiction, and is governed by the laws regulating and controlling the sales of property, payment of debts, and settlement of administrations, which are applicable to the administration of estates in the Probate Court. Following its own practice, the court will decree a sale of lands, when necessary, and when, in similar cases, a court of probate would have had jurisdiction to order a sale. — Bragg v. Beers, 71 Ala. 151 ; Hall v.…
2Cases cited10 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Scott v. WareSupreme Court of Alabama · 1879
- Wimbish v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
- Hall v. Heirs of WilsonSupreme Court of Alabama · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Fearn v. WardSupreme Court of Alabama · 1886
- Roy v. RoySupreme Court of Alabama · 1909
- Harden v. Darwin & PulleySupreme Court of Alabama · 1884
- Daniel v. HardwickSupreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.