McAllister's v. Thompson
Supreme Court of Alabama
[APPEAL ER03I DECREE OP PARTIAL DISTRIBUTION.] Appeal from the Probate Court of Marengo. IN the matter of the estate of "William McAllister, deceased, on the petition of Elizabeth Thompson, as sole distributee and heir-at-law, for her distributive share of the estate. McAllister died in October, 1853, leaving a will, which was duly admitted to probate by said court in August, 1854, and of which Lewis B. McCarty was the executor.
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[APPEAL ER03I DECREE OP PARTIAL DISTRIBUTION.] Appeal from the Probate Court of Marengo. IN the matter of the estate of "William McAllister, deceased, on the petition of Elizabeth Thompson, as sole distributee and heir-at-law, for her distributive share of the estate. McAllister died in October, 1853, leaving a will, which was duly admitted to probate by said court in August, 1854, and of which Lewis B. McCarty was the executor. By said will, the testator bequeathed all his property, both real and personal, to his wife for life; directed his executor, after the death of his wife, to transport…
1Opinion of the CourtRice, C. J.
Upon the authority of Johnston, executor, v. Fort, administrator, 30 Ala. 78, we hold, 1st, that the prohate court had no jurisdiction to render the decree from which the appeal was taken in this case; and, 2d, that the executor has no right to appeal from such decree, until after a final settlement of the estate. — Code, § 1888.
We do not decide, however, that until a final settlement of the estate, the executor is without remedy. But it is not for us to indicate his remedy, if he has any. See the authorities relative to that matter, cited in Johnston v. Fort, supra.
As the appeal was taken by…
2Cases cited1 opinion
- Johnston v. FortSupreme Court of Alabama · 1857
3Cited by4 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Harrison's Adm'r v. MeadorsSupreme Court of Alabama · 1867
- Black v. MorganSupreme Court of Alabama · 1933
- Segrest v. Segrest's HeirsSupreme Court of Alabama · 1863