Legal Opinion

Heflin v. Allem

Supreme Court of Alabama

Decided February 3, 1909PublishedCited by 2 opinions

Appeal from Jefferson Probate Court. Heard before Hon. Samuel E. Greene. Howell T. Heflin, as administrator of the estate of David O. Allem, filed bis petition and vouchers for a settlement of said estate, whereupon Jesse L. Allem and other heirs petitioned to have the proceeds of the life policy of decedent set apart to them. From a decree rendered setting apart said policy to petitioner the administrator appeals.

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Appeal from Jefferson Probate Court. Heard before Hon. Samuel E. Greene. Howell T. Heflin, as administrator of the estate of David O. Allem, filed bis petition and vouchers for a settlement of said estate, whereupon Jesse L. Allem and other heirs petitioned to have the proceeds of the life policy of decedent set apart to them. From a decree rendered setting apart said policy to petitioner the administrator appeals. The petition is based on section 2607, Code 1896, and the demurrers to it should have been sustained. — Spellman v. Mclridge, 126 Mass. 113; Webb v. Holt, 57 la. 712; Kellog v.…

1Opinion of the CourtSimpson, J.

David O. Allem died in Birmingham, leaving as his estate a policy for $1,000 in the-Equitable Life Insurance Society of New York. The appellant, Heflin, became administrator of the estate of said Allem and collected the amount of the policy. Said decedent left no immediate family, his heirs being a father, mother, and one sister, according to the petition for letters of administration. Jesse L. Allem and Susanna H. Allem, the father and mother of said decedent, filed their petition, stating that they are the only heirs of said decedent, and claiming that, said proceeds of said policy not…

2Cases cited10 opinions

  1. Holmes v. MarshallCalifornia Supreme Court · 1905
  2. Recor v. Commercial & Savings BankMichigan Supreme Court · 1905
  3. Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
  4. Webb v. HoltSupreme Court of Iowa · 1882
  5. Rumbold v. Supreme Council Royal LeagueIllinois Supreme Court · 1903

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3Cited by2 opinions

  1. Sheffield Oil Mill v. PoolSupreme Court of Alabama · 1910
  2. Chandler v. TraubSupreme Court of Alabama · 1909

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