Davis v. Miller
Supreme Court of Alabama
Appeal from the Probate Court of.Mobile. Heard before the Hon. Price Williams, Jr. This was a proceeding commenced by a petition to the probate court of Mobile county, filed by Mathew L. Davis, seeking to have letters of administration granted upon the estate of Rudolph Miller, deceased, to the appellee, Sarah M. Miller, revoked.
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Appeal from the Probate Court of.Mobile. Heard before the Hon. Price Williams, Jr. This was a proceeding commenced by a petition to the probate court of Mobile county, filed by Mathew L. Davis, seeking to have letters of administration granted upon the estate of Rudolph Miller, deceased, to the appellee, Sarah M. Miller, revoked. The grounds upon which the revocation was asked, were as follows : “1st. Because said petition, upon which letters were originally granted, alleges that said Rudolph Miller died Dec. 28th, 1892, which your petitioner avers is not true. 2d. Because the petition, upon…
1Opinion of the CourtColeman, J.
— Letters of administration were granted by the probate court of Mobile County to Sarah M. Miller upon the estate of her deceased husband during her minority. As administratrix she instituted suit against M. L. Davis. Pending this suit, M. L. Davis applied to the probate court to revoke the letters of administration. The application for her removal was based upon several grounds.
The fact that the petition for letters incorrectly stated the date of her intestate’s death was immaterial. The only important question was, whether he was in fact dead, when the letters were granted, and when the…
2Cases cited1 opinion
- Savage v. BenhamSupreme Court of Alabama · 1849
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