Nichols v. Smith
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. J. P. Smith and M. J. Nichols applied for letters of administration upon the estate of Howell Smith, the one being the father and the other the maternal grandmother of decedent. Prom a decree granting letters to J. P. Smith, M. J. Nichols appeals.
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Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. J. P. Smith and M. J. Nichols applied for letters of administration upon the estate of Howell Smith, the one being the father and the other the maternal grandmother of decedent. Prom a decree granting letters to J. P. Smith, M. J. Nichols appeals. We contend that a father who abandons a child is not a fit person to be appointed administrator of the estate of his minor son, whose only estate is a claim for damages for wrongful death, the father having already brought his suit as father, and we further contend that the…
1Opinion of the Court
SAYRE, J. —
Howell Smith, a minor about 14 years of age, had been accidentally killed by a street car, and several relatives applied for letter of administration upon his estate, which consisted of the right of action supposed to have been created by his alleged wrongful death. Appellee, the father of deceased, applied for letters jointly with one O’Rourke, who had married an aunt of deceased, and with whom deceased had been living. Mrs. Nichols, the grandmother, and Lottie Brooks, a married sister, who- joined with her husband, also applied and contested the grant of letters to appellee. The…
2Cases cited3 opinions
- Williams v. McConicoSupreme Court of Alabama · 1855
- Crommelin v. RaoullSupreme Court of Alabama · 1910
- Brown v. HaySupreme Court of Alabama · 1831
3Cited by14 opinions
- Borner v. LarsonNorth Dakota Supreme Court · 1940
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Griffin v. IrwinSupreme Court of Alabama · 1945
- Calvert v. BeckSupreme Court of Alabama · 1941
- Willoughby v. WilloughbySupreme Court of Alabama · 1919
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