Markland v. Albes
Supreme Court of Alabama
Appeal from the Probate Court of Cullman. Heard before the Hon. Asa B. Hays. Sarah Moore died intestate at Cullman, Alabama, October 4, 1886. The appellee, Charles Albes, filed a petition in the Probate Court of Cullman county, October 30,1886, for letters of administration on the estate of said decedent, alleging as the ground for Ms appointment, that “none of the heirs reside in this State (Alabama), and that he (Albes) was the husband of a sister of decedent.”
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Appeal from the Probate Court of Cullman. Heard before the Hon. Asa B. Hays. Sarah Moore died intestate at Cullman, Alabama, October 4, 1886. The appellee, Charles Albes, filed a petition in the Probate Court of Cullman county, October 30,1886, for letters of administration on the estate of said decedent, alleging as the ground for Ms appointment, that “none of the heirs reside in this State (Alabama), and that he (Albes) was the husband of a sister of decedent.” On this petition letters were issued to appellee November 1, 1886. The appellant, George G. Markland, on December 17, 1886, filed a…
1Opinion of the CourtSomerville, J.
— 1. The petition of the appellant, praying for the revocation of the letters of administration granted to the appellee, and for his own appointment as ad*435ministrator of Mrs. Moore’s estate, was properly dismissed. Admitting that the letters first granted were premature, and that the appellant had-a prior right to administration, he nevertheless waived such right by allowing forty days from the death of the intestate to expire without asserting it by application to the Probate Court for the appointment. After the lapse of this statutory period no one has a right to claim any priority or…
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