Gaillard v. Duke
Supreme Court of Alabama
Appeal from the Probate Court- of Wilcox. 1. The appellant has f right to his appeal — the Probate Court having rendered a decree as to the advancements alleged to have been made^-i-Revised.
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Appeal from the Probate Court- of Wilcox. 1. The appellant has f right to his appeal — the Probate Court having rendered a decree as to the advancements alleged to have been made^-i-Revised. Code, § 2245. 2. If the proceeding is construed as having been commenced under section 1904, Revised Code, it was perhaps ■unnecessary that the statement of appellees should have been sworn to; but, under section 1906, it should have been sworn to; see, in this connection, section 1905. 3. The law does not presume that trifling gifts and money expended for education are advancements. — Autrey v. Autrey,…
1Opinion of the CourtManning, J.
Upon the final settlement of the estate of Josiah Garlington, deceased, of which Robert Strock, deceased, of whose estate appellant is special administrator, was one of the distributees, a contestation took place upon the question whether the said Robert had or had not received any money, and if any, how much, from the said J^siah’s estate, by way of advancement. The allegations th^-t he had, were made by the appellees; and a demurrer thereto having been filed by appellant, upon the ground that the\ allegations were not sworn to, and for several other caua®s assigned, was sustained for these…
2Cases cited2 opinions
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- Bogle v. Bogle's Adm'rSupreme Court of Alabama · 1853
3Cited by8 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Voltz v. VoltzSupreme Court of Alabama · 1883
- McGowan v. MilnerSupreme Court of Alabama · 1915
- McDonald v. JacobsSupreme Court of Alabama · 1887
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