Irwin v. J. S. Reeves Co.

Complainant, as a simple contract creditor of D. W. Irwin, deceased, whose estate is being administered in the probate court, with no steps being taken looking to a final settlement thereof, had the right to file this bill for the removal of the administration of the estate into the equity court. Carter v. Hutchens, 221 Ala. 370, 129 So. 8.

It is well recognized by our decisions -that there should be no splitting up of an administration any more than any other'cause of action, a principle recently expressed in Bynum v. Brewer, 217 Ala. 52, 114 So. 577, 579, in -the following language: “When…