Gardner v. Gantt
Supreme Court of Alabama
Error to the Chancery Court of Dallas.. Tried before the-Hon. W. W. Mason. The hill alleges that Robert Gantt, the father of complainants, duly executed his last will and testament, which, after his death, was admitted to probate in the proper county. By said will the testator bequeathed certain slaves to his wife during her life or widowhood, with remainder to complainants.
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Error to the Chancery Court of Dallas.. Tried before the-Hon. W. W. Mason. The hill alleges that Robert Gantt, the father of complainants, duly executed his last will and testament, which, after his death, was admitted to probate in the proper county. By said will the testator bequeathed certain slaves to his wife during her life or widowhood, with remainder to complainants. The widow-sold, and otherwise disposed of, the slaves, and some of them are alleged to be in the possession of Gardner, who is made a defendant. The bill also alleges the death of the widow, and that all the debts .…
1Opinion of the CourtDargan, C. J.
The distributees or next of kin can maintain no suit, either at law or in equity, for the mere purpose of distribution, until letters of administration have been duly granted upon the estate of the deceased. This principle is well settled by authority, but even without decided cases, no other rule: could obtain, for the reason that the law casts the title to all the personal-estate of the decedent upon his personal representative. Ic is true that lie holds the title as trustee to pay the debts, in the first instance, and then to make distribution according to tins *669gtatute amongst those…
2Cases cited2 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Cleveland v. ChandlerSupreme Court of Alabama · 1831
3Cited by11 opinions
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Strickland v. MOBILE TOWING AND WRECKING CO., INC.Supreme Court of Alabama · 1974
- Grimball v. PattonSupreme Court of Alabama · 1881
- Perkins v. LewisSupreme Court of Alabama · 1868
- Costephens v. DeanSupreme Court of Alabama · 1881
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