Arendale v. Johnson
Supreme Court of Alabama
Appeal from Probate Court, Jackson County ; A. H. Moody, Judge. Contest between E. W. Arendale and Sallie A. Johnson and M. L. Johnson and E. IC Mann as to the appointment of a special administrator. Prom a decree appointing M. L. Johnson and Mann, Arendale and Sallie A. Johnson appeal.
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Appeal from Probate Court, Jackson County ; A. H. Moody, Judge. Contest between E. W. Arendale and Sallie A. Johnson and M. L. Johnson and E. IC Mann as to the appointment of a special administrator. Prom a decree appointing M. L. Johnson and Mann, Arendale and Sallie A. Johnson appeal. Pending the contest of the validity of what purported to be the will of J. P. Washington, and following a decree of the probate court establishing its validity, the probate judge appointed M. L. Johnson and E. K. Mann as special administrators of said Washington’s estate, and at the same time refused to…
1Opinion of the CourtSomerville, J.
Section 2526 of the Code provides that—
“The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of the deceased, or in any other case in which it is necessary, appoint a special administrator, authorizing" the collection and preservation by him of the goods of the deceased until letters testamentary or of administration have been duly issued.”
Section 2519 authorizes courts of probate, within their counties, to grant letters of administration on the estates of persons dying intestate; and section 2520 provides that the…
2Cases cited1 opinion
- Flora v. MenniceSupreme Court of Alabama · 1848
3Cited by3 opinions
- Little v. GavinSupreme Court of Alabama · 1943
- Ex Parte KellySupreme Court of Alabama · 1942
- Ward v. SealeSupreme Court of Alabama · 1977