Johnston v. Fort
Supreme Court of Alabama
Appeal from the Probate Court of Pickens. The appellee, as the administrator of Mrs. Winfred J-Stapp, deceased, who was the widow of Jesse Stapp,, deceased, petitioned the probate court to set apart to Mm bis intestate’s distributive share of her husband’s estate; alleging, that the will of said Jesse Stapp was admitted to-probate on the 29th December, 1852, and letters testamentary were on the same day granted to Bobert T..
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Appeal from the Probate Court of Pickens. The appellee, as the administrator of Mrs. Winfred J-Stapp, deceased, who was the widow of Jesse Stapp,, deceased, petitioned the probate court to set apart to Mm bis intestate’s distributive share of her husband’s estate; alleging, that the will of said Jesse Stapp was admitted to-probate on the 29th December, 1852, and letters testamentary were on the same day granted to Bobert T.. Johnston; that the widow dissented from the will, within the time allowed by law, and afterwards died; that more-than eighteen months have elapsed since said…
1Opinion of the CourtStone, J.
Tbe present was not a case of tbe final settlement of an estate, but a proceeding to obtain a distributive interest while tbe administration was in progress. Tbe right of a legatee or distributee to proceed in tbe probate court, for tbe recovery, after eighteen months, of a legacy or distributive share, is purely statutory. To justify tbe action of tbe court in such cases, tbe petition and proceedings must substantially conform to tbe statute. Gunn v. Howell, 27 Ala. 663. We first propose to inquire, bad tbe court jurisdiction in this case ? If tbe jurisdiction of tbe court cannot be upheld…
2Cases cited8 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Thompson v. LeaSupreme Court of Alabama · 1856
- Erwin v. FergusonSupreme Court of Alabama · 1843
- Commissioners' Court v. ThompsonSupreme Court of Alabama · 1851
- Ex parte TarltonSupreme Court of Alabama · 1841
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3Cited by5 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Harrison's Adm'r v. MeadorsSupreme Court of Alabama · 1867
- McAllister's v. ThompsonSupreme Court of Alabama · 1858
- Whitfield v. WoolfSupreme Court of Alabama · 1874
- Stelzenmuller v. CarrollSupreme Court of Alabama · 1961