Legal Opinion

Ex Parte Bell

Supreme Court of Alabama

Decided May 29, 1930No. 4 Div. 494PublishedCited by 2 opinions

1Opinion of the CourtThomas, J.

The statute for the removal of the administration of an estate from the probate court to the circuit court “at any time before a final settlement,” by one of the parties in interest indicated, “without assigning any special equity,” is section 6478, Code. Hinson v. Naugher, 207 Ala. 592, 594, 93 So. 560.

The pleading in equity to that end should be sufficient in form and substance to transfer the said pending cause from the probate to the circuit court in equity, and to invest the latter with the jurisdiction and power to proceed with the administration to final settlement, according to the…

2Cases cited9 opinions

  1. Henderson v. HendersonSupreme Court of Alabama · 1923
  2. Fowlkes v. ClaySupreme Court of Alabama · 1921
  3. Ex Parte McLendonSupreme Court of Alabama · 1924
  4. Hinson v. NaugherSupreme Court of Alabama · 1922
  5. Dent v. FoySupreme Court of Alabama · 1923

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3Cited by2 opinions

  1. Ex Parte PettusSupreme Court of Alabama · 1944
  2. Culp v. GodwinSupreme Court of Alabama · 1976

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