Mitchell, Adm'r v. Spence
Supreme Court of Alabama
Appeal from Chambers Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause was filed by the appellant, John W. Mitchell, as the administrator de bonis non, cum testamento annexo of the estate of J ames S. Mitchell, deceased,' against Samuel Spence, former administrator, with the will annexed, of said estate, and against William C. Darden, as the person in possession of certain lands which had formerly belonged to said estate.
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Appeal from Chambers Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause was filed by the appellant, John W. Mitchell, as the administrator de bonis non, cum testamento annexo of the estate of J ames S. Mitchell, deceased,' against Samuel Spence, former administrator, with the will annexed, of said estate, and against William C. Darden, as the person in possession of certain lands which had formerly belonged to said estate. The testator, J ames S. Mitcbell, died in Chambers county, Ala., on the 18th day of September, 1858, leaving a last will and testament, which was, on…
1Opinion of the CourtBrickell, C. J.
The statute, which it is supposed, conferred on the administrator with the will annexed, the power to sell and convey the lands in controversy, reads as follows: “Where lands are devised to several executors, or naked power given them by will to sell, the survivor or survivors, and the acting executor or executors, when any one or more of them resigns, or refuses to act, or is removed by a court of competent authority, and also an administrator with the will annexed, has the same interest in, and power over such lands, for the purpose of making sale thereof, as the executors named in such…
2Cases cited2 opinions
- Tarver v. HainesSupreme Court of Alabama · 1876
- Gary v. FrostSupreme Court of Alabama · 1846
3Cited by12 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Curry v. PeeblesSupreme Court of Alabama · 1887
- Morgan v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
- Snow v. BraySupreme Court of Alabama · 1916
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