Smith v. Hall
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before tbe Hon. J. J. Woodward. Tbe defendant in error filed bis petition in tbe Orphans’ Court of Tallapoosa County, setting forth, that John Loveless died in said county, after first having made and published bis last will and testament, by wbicb be devised certain lands to bis wife for life, and to bis children in fee at her death, to be equally divided among them; that there were ten children entitled to take under tbe…
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Error to the Circuit Court of Tallapoosa. Tried before tbe Hon. J. J. Woodward. Tbe defendant in error filed bis petition in tbe Orphans’ Court of Tallapoosa County, setting forth, that John Loveless died in said county, after first having made and published bis last will and testament, by wbicb be devised certain lands to bis wife for life, and to bis children in fee at her death, to be equally divided among them; that there were ten children entitled to take under tbe will, among whom are John and Daniel Loveless, (tbe names of tbe others are also set forth in tbe petition;) that Joseph C.…
1Opinion of the CourtGoldthwaite, J.
The act of 1812, (Clay’s Dig. 196, § 23), gives the right, to any one entitled to the distribution of an intestate’s estate, to proceed against the administrator, to compel distribution, at any time after eighteen months from the grant of letters. Another section of the same act confers *782tbe same right upon, legatees, (Clay’s Dig. 197, § 24); and it is insisted, on tbe part of tbe defendant in error, that as be, by bis purchase under tbe execution against two of tbe devisees, was invested with their interest in tbe lands of tbe testator, be was also substituted in their place as to their…
2Cases cited1 opinion
- Graham v. AbercrombieSupreme Court of Alabama · 1845
3Cited by6 opinions
- Turner v. TurnerSupreme Court of Alabama · 1870
- Sanders v. HeppSupreme Court of Georgia · 1940
- Simmons v. KnightSupreme Court of Alabama · 1859
- May's Heirs v. May's Adm'r.Supreme Court of Alabama · 1856
- Vincent v. DanielSupreme Court of Alabama · 1877
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