Harris v. Dillard
Supreme Court of Alabama
Appeal from the Probate Court of Madison. IN the matter of the estate of Edward Harris, deceased, on the application of Mrs. Elizabeth D. Dillard, one of the distributees and legatees, for the removal of the executor from his trust, on account of his having removed from the State more than ten years before the petition was filed, without making a settlement of his accounts, and his continued non-residence.
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Appeal from the Probate Court of Madison. IN the matter of the estate of Edward Harris, deceased, on the application of Mrs. Elizabeth D. Dillard, one of the distributees and legatees, for the removal of the executor from his trust, on account of his having removed from the State more than ten years before the petition was filed, without making a settlement of his accounts, and his continued non-residence. The defendant demurred to the petition, but his demurrer was overruled; and he declining to say anything further in his defense, the court revoked his letters, and ordered his removal…
1Opinion of the Court
STONE, J. —
Ve do not think the probate court of Madison erred in removing the executor in this case. The demurrer to the petition admitted the truth of its aver-ments. One of those admitted averments was, that the executor, without making settlement, had removed from the State of Alabama, and was, at the time of the exhibi*192tion of the petition, and for ten years bad been, a nonresident. Under the authority of Speight v. Knight, 11 Ala. 461, this uncontroverted fact authorized the probate court of Madison to remove him, independent of the authority conferred by section 1696 of the Code.
But we…
2Cases cited1 opinion
- Speight v. KnightSupreme Court of Alabama · 1847
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