Brennan's Adm'r v. Harris
Supreme Court of Alabama
Appeal from the Court of Probate of Autauga. This was an application to the Court of Probate to grant letters of administration de bonis non, on the estate of John M. Creyón, deceased, to the sheriff of the county. The applicant alleged that said Creyón in his lifetime was indebted to said Margaret Brennan, and that the administrator had died without closing the administration.
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Appeal from the Court of Probate of Autauga. This was an application to the Court of Probate to grant letters of administration de bonis non, on the estate of John M. Creyón, deceased, to the sheriff of the county. The applicant alleged that said Creyón in his lifetime was indebted to said Margaret Brennan, and that the administrator had died without closing the administration. The court, upon hearing the evidence, refused to grant the letters of administration, • and dismissed the application. An appeal was taken to this court, and a motion is now made to dismiss 'the appeal.
1Opinion of the CourtGoldthwaite, J.
Under the statute, (Clay’s Digest, 220, § 1,) the right to letters of administration, in case of intestacy, belongs first to the widow, or next of kin, of the intestate, or some of them; and in case of their refusal, to a creditor. And by the act of 1821, (Clay’s Digest, 222, § 10,) authority is given to the judge having jurisdiction, to grant letters of administration to the sheriff or coroner of the county, when no one has been admitted or qualified within three months after the death of the deceased, or when the administration has become vacant by reason of death, resignation, or-removal.…
2Cases cited1 opinion
- Ex parte JonesSupreme Court of Alabama · 1840
3Cited by4 opinions
- Phillips v. PeteetSupreme Court of Alabama · 1860
- Stewart v. RussellSupreme Court of Alabama · 1863
- Shadden v. Sterling's Admr'sSupreme Court of Alabama · 1853
- Steele v. DonehooSupreme Court of Alabama · 1897