Nicrosi v. Giuly
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Heard before the Hon. F. C. Randolph. cited Bishop v. Lalouette, 67 Ala. 197; Eq. Life Ins. Society v. Vogel, 76 Ala. 441. On the death of an intestate, the title to his lands descends at once to his heirs, and vests absolutely in them, subject only to the statutory charge or liability for debts.
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Appeal from the Probate Court of Montgomery. Heard before the Hon. F. C. Randolph. cited Bishop v. Lalouette, 67 Ala. 197; Eq. Life Ins. Society v. Vogel, 76 Ala. 441. On the death of an intestate, the title to his lands descends at once to his heirs, and vests absolutely in them, subject only to the statutory charge or liability for debts. When there are no debts to pay, and no personal property to be distributed, there is no necessity for administration; in fact, such administration would be on the estate of the heir, and at his expense, without any possibility of benefit to him. — Owens v.…
1Opinion of the CourtStone, C. J.
The question presented by this record is, whether administration on the estate of Jeanette Giuly was committed to Nicrosi improvidently. On petition of Antoni Giuly, surviving husband of Jeanette, the Probate Court revoked the letters of administration previously granted to Nicrosi. From that order the present appeal is prosecuted. The record shows the following state of facts: Jeanette, the decedent, was of foreign birth, but resided for many years in the State of Alabama. Many years ago she intermarried with Antoni Giuly, who was also a foreigner by birth, but had become a naturalized…
2Cases cited2 opinions
- Bishop v. Lalouette's HeirsSupreme Court of Alabama · 1880
- Harley v. State ex rel. Attorney-GeneralSupreme Court of Alabama · 1867
3Cited by2 opinions
- Sullivan v. RabbSupreme Court of Alabama · 1888
- Winter v. LondonSupreme Court of Alabama · 1892