Koger v. Franklin
Supreme Court of Alabama
Appeal from the Probate Court of DeKalb. Heard before the Hon. Tiros. H. Smith, Register in Chancery, sitting as Probate Judge. In the matter of the petition, of Sarah and Margaret Koger, minors, by their next friend, asking the revocation of letters of administration bn the estate of Elijah Bouldin, deceased, granted by the Probate Court of said county, on the 10th July, 1885, to A. C. Franklin, by virtue of his office as sheriff of the county.
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Appeal from the Probate Court of DeKalb. Heard before the Hon. Tiros. H. Smith, Register in Chancery, sitting as Probate Judge. In the matter of the petition, of Sarah and Margaret Koger, minors, by their next friend, asking the revocation of letters of administration bn the estate of Elijah Bouldin, deceased, granted by the Probate Court of said county, on the 10th July, 1885, to A. C. Franklin, by virtue of his office as sheriff of the county. The petitioners were grandchildren of said Elijah Bouldin, and heirs at law and distributees of his estate. Their petition was filed on the 28th…
1Opinion of the CourtSomeryille, J.
Where letters of administration on an estate have been granted irregularly, or improvidently, the Probate Court has the inherent power to revoke them, either ex mero motu, or on application duly made by any party in interest.—Watson v. Glover, 77 Ala. 323; Broughton v. Bradley, 34 Ala. 694; Curtis v. Williams, 33 Ala. 570.
The letters of administration sought to be revoked in this case were granted by the probate judge of DeKalb county to the appellee, who is shown by the evidence to be his son. It is insisted that the grant is voidable, if not absolutely void, and that it should have been…
2Cases cited9 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Hine v. HusseySupreme Court of Alabama · 1871
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
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3Cited by9 opinions
- Hutto v. Walker CountySupreme Court of Alabama · 1913
- Carpigiani v. HallSupreme Court of Alabama · 1911
- Clark v. GlennSupreme Court of Alabama · 1947
- Starlin v. LoveSupreme Court of Alabama · 1938
- State Ex Rel. Burns v. PhillipsSupreme Court of Alabama · 1947
4 more not listed; retrieve them via the Exa API.