Davis v. Swearingen
Supreme Court of Alabama
Appeal from the Probate Court of Wilcox. In the matter of the estate of Martin Van Swearingen, deceased, on the petitions of L. M. Davis and Eli Swearingen, respectively, for the grant of letters of administration. The decedent died, intestate, in 1870; and no letters of administration were ever granted on his estate prior to the applications of the parties in this case.
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Appeal from the Probate Court of Wilcox. In the matter of the estate of Martin Van Swearingen, deceased, on the petitions of L. M. Davis and Eli Swearingen, respectively, for the grant of letters of administration. The decedent died, intestate, in 1870; and no letters of administration were ever granted on his estate prior to the applications of the parties in this case. The petition of L. M. Davis was filed on the 16th June, 1876, and asked the grant of letters to himself, on the ground that he was the largest creditor of the estate. The petition of Eli Swearingen was filed on the 27th June,…
1Opinion of the CourtStone, J.
More than five. years elapsed between the death of Martin Van Swearingen, in 1870, and the ápplication of either of the contestants to be appointed his administrator. This being the case, no one could claim the legal right to be preferred as the appointee. — Bev. Code, §§ 1986, 1987; Curtis v. Burt, 34 Ala. 729; Curtis v. Williams, 33 Ala. 570; Forrester v. Forrester, 37 Ala. 398. Even if prior statutory rights could be respected in this case, Swearingen, being'next of kin to decedent, would be preferred to Davis, *32who, at most, was only a creditor. — Rev. Code, § 1986. No one having tbe…
2Cases cited7 opinions
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Coltart v. AllenSupreme Court of Alabama · 1866
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Sims v. BoyntonSupreme Court of Alabama · 1858
- Curtis v. BurtSupreme Court of Alabama · 1859
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3Cited by7 opinions
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Breeding v. BreedingSupreme Court of Alabama · 1900
- Markland v. AlbesSupreme Court of Alabama · 1886
- Cunningham v. ThomasSupreme Court of Alabama · 1877
- Childs v. DavisSupreme Court of Alabama · 1911
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