Bozeman v. Bozeman
Supreme Court of Alabama
Appeal from tbe Probate Court of Crenshaw.. Heard before the Hon. W. F. Mahone, Register in Chancery, sitting pro hae vice as Probate Judge. In the matter of the estate of Josiah Bozeman, senior, deceased, on the application of T. H. Bozeman, as administrator, for an order to sell the lands, on the ground that they could not be equitably divided among the heirs without a sale.
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Appeal from tbe Probate Court of Crenshaw.. Heard before the Hon. W. F. Mahone, Register in Chancery, sitting pro hae vice as Probate Judge. In the matter of the estate of Josiah Bozeman, senior, deceased, on the application of T. H. Bozeman, as administrator, for an order to sell the lands, on the ground that they could not be equitably divided among the heirs without a sale. Said Josiah Bozeman died, intestate, in October, 1841. Letters of administration on his estate were granted to said T. H. Bozeman on the 15th January, 1886. The petition for an order to sell the lands was filed on the…
1Opinion of the CourtSomeryille, J.
— We find many errors in this record, for which the judgment of the Probate Court, ordering the sale of the lands for distribution among the heirs of the de-' cedent, must necessarily be reversed.
1. In the first place, the petition fails to state the place of residence of three of the heirs of the decedent’s estate; viz., Rebecca, Martha, and Jane Garrett; or to state whether they were under twenty-one years of age, or were married women. This was required by section 2450 of .the present Code (1876), and a failure to conform to these requirements is a reversible error.
2. The order of sale,…
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