Crommelin v. Raoull
Supreme Court of Alabama
Contest of Appointment of AAminisbi ator. Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Application by John G. Crommelin for letters of administration upon tlie estate of his deceased uncle with contest and objection filed by Sadie G. Baoull and others. From an order denying the application, petitioner appeals.
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Contest of Appointment of AAminisbi ator. Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Application by John G. Crommelin for letters of administration upon tlie estate of his deceased uncle with contest and objection filed by Sadie G. Baoull and others. From an order denying the application, petitioner appeals. John G. Crommelin left no widow and the present applicant as the only surviving male next of kin is entitled to letters of administration, unless disqualified to act. The priority prescribed by the statute is a. matter of right and the court had no discretion…
1Opinion of the CourtAnderson, J.
It is uncontroverted that the appellant, under the terms of sections 2520 and 2523 of the Code 1907, is entitled to the preference in the appointment as an administrator of the deceased. The only ground urged against his appointment relates to his disqualification, rather than the relationship.
Section 2508 of the Code of 1907 provides the grounds of disqualification, and our court has heretofore held that these statutory grounds are exclusive. — Kidd v. *415Bates, 120 Ala. 79, 23 South. 735, 41 L. R. A. 154, 74 Am. St. Rep. 17; Williams v. McConico, 27 Ala. 572. It is true that the statute…
2Cases cited3 opinions
- Kidd v. BatesSupreme Court of Alabama · 1897
- Williams v. McConicoSupreme Court of Alabama · 1855
- Storey v. Union BankSupreme Court of Alabama · 1859
3Cited by16 opinions
- Ex Parte HolladaySupreme Court of Alabama · 1985
- Bell v. FulghamSupreme Court of Alabama · 1918
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Nichols v. SmithSupreme Court of Alabama · 1914
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