Curtis v. Burt
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In tbe matter of tbe estate of Joel Burt, deceased, on the application of Thomas D. Curtis, the appellant, asking tbe revocation of letters of administration previously granted to Mrs. Jane Burt, the decedent’s widow, and the grant of letters to himself. The facts of the case, as shown by tbe petition, are these: The decedent was a resident of Lowndes county, and died in said county, on the 28th November, 1858, intestate.
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Appeal from the Probate Court of Lowndes. In tbe matter of tbe estate of Joel Burt, deceased, on the application of Thomas D. Curtis, the appellant, asking tbe revocation of letters of administration previously granted to Mrs. Jane Burt, the decedent’s widow, and the grant of letters to himself. The facts of the case, as shown by tbe petition, are these: The decedent was a resident of Lowndes county, and died in said county, on the 28th November, 1858, intestate. On the 7th December, 1858, the widow relinquished her right to administer on the estate, in favor of Thomas M. Williams, the…
1Opinion of the CourtR. W. Walker, J.
The decision in Curtis v. Williams, made at the last term, (33 Ala. 570,) is conclusive of this case. The petition now before us alleges, that the widow and next of kin suffered forty days after the death of the intestate became known to elapse without applying for letters. The decision just cited clearly7 settles that they thereby forfeited their right to the administration. In that case, it was shown that, when the application of Curtis was filed, Williams was acting as administrator under an appointment by the court. We held, that this fiyct did not relieve Curtis of the necessity, imposed…
2Cases cited1 opinion
- Curtis v. WilliamsSupreme Court of Alabama · 1859
3Cited by6 opinions
- Starlin v. LoveSupreme Court of Alabama · 1938
- Childs v. DavisSupreme Court of Alabama · 1911
- Davis v. SwearingenSupreme Court of Alabama · 1876
- Wheat v. FullerSupreme Court of Alabama · 1886
- Clemens v. WalkerSupreme Court of Alabama · 1866
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