Legal Opinion

Harrison's Adm'r v. Meadors

Supreme Court of Alabama

Decided June 15, 1867PublishedCited by 8 opinions

Appeal from tbe Probate Court of Tallapoosa. In the matter of the estate of Carter B. Harrison, deceased, on the application of Thomas W. Meadors, and Martha Susan Meadors, his wife, for a decree of partial distribution.

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Appeal from tbe Probate Court of Tallapoosa. In the matter of the estate of Carter B. Harrison, deceased, on the application of Thomas W. Meadors, and Martha Susan Meadors, his wife, for a decree of partial distribution. The petition of said Meadors and wife, which was filed on the 26th March, 1861, and sworn to by said Meadors, alleged that letters of administration on the estate of said Carter B. Harrison, deceased, were granted by said probate court, on the 4th July, 1856, to William T. Harrison ; “ that the said Martha Susan Meadors is entitled to one half of the estate of said decedent,…

1Opinion of the CourtJudge, J.

No appeal would lie, in favor of a personal representative, from a decree of partial distribution, until the passage of the act of December 12, 1857.—Acts, 1857-8, p. 244; Johnson v. Fort, 30 Ala. 78; McAlister v. Thompson, 32 Ala. 497. Under the provisions of the act above cited, the right of appeal, from any final order, judgment, or decree of the probate court, is extended to both parties; the right having before been confined, in cases like the present, to “ the legatee, or person entitled to distribution.”—Code, § 1888, sub-d. 4. We therefore hold, that the final order made in this case…

2Cases cited6 opinions

  1. Allman v. OwenSupreme Court of Alabama · 1857
  2. Zeigler v. DavidSupreme Court of Alabama · 1853
  3. Brazeale's Adm'r v. Brazeale's DistributeesSupreme Court of Alabama · 1846
  4. Davis v. DavisSupreme Court of Alabama · 1844
  5. Johnston v. FortSupreme Court of Alabama · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Speed v. CockeSupreme Court of Alabama · 1876
  2. Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
  3. Lapoint v. SageSupreme Court of Vermont · 1916
  4. Lehman, Durr & Co. v. RobertsonSupreme Court of Alabama · 1887
  5. Boynton v. NelsonSupreme Court of Alabama · 1871

3 more not listed; retrieve them via the Exa API.

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