Carswell v. Spencer
Supreme Court of Alabama
Appeal from Probate Court of Greene. Tried before Hon. William: Miller. On the 5th September, 1864, the appellee, Spencer, was appointed guardian of W. E. Rogers, a minor, who died intestate in October, 1866. On December 3d, 1866, said Spencer was appointed administrator of the estate of his deceased ward.
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Appeal from Probate Court of Greene. Tried before Hon. William: Miller. On the 5th September, 1864, the appellee, Spencer, was appointed guardian of W. E. Rogers, a minor, who died intestate in October, 1866. On December 3d, 1866, said Spencer was appointed administrator of the estate of his deceased ward. On the 14th of January, 1869, said Spencer was cited by the probate court, at the instance of Mrs. Caroline Carswell, who claimed to be the sole heir-at-law and distributee of said deceased minor, Rogers, to make a final settlement of his accounts as guardian. On the day set for the hearing…
1Opinion of the CourtPeck, C. J.
The appellee moves to dismiss this appeal — 1st, on the ground that, under the peculiar circumstances of this case, the probate court had no jurisdiction to entertain these proceedings, and that the remedy is in the chancery, and not in the probate court; 2nd, that there is no final decree, upon which an appeal can be taken ; and, 3d, that the appeal is not shown by the record, and that there is no sufficient security for the costs.
On the first ground, the appellee refers to, and relies upon the case of Hays, Executor, v. Cockrell, Administrator, 41 Ala. 75. Although that case, in all its…
2Cases cited1 opinion
- Hays v. CockrellSupreme Court of Alabama · 1867
3Cited by9 opinions
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Tankersly v. PettisSupreme Court of Alabama · 1878
- Vincent v. MartinSupreme Court of Alabama · 1885
- Bruce's v. Strickland's Adm'rSupreme Court of Alabama · 1872
- Godding v. DeckerColorado Court of Appeals · 1893
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