Quarles v. Campbell
Supreme Court of Alabama
Appeal from the Probate Court of Lawrence. In. the matter of the estate of J ohn B. Hawkins, deceased, on the application of D, B. Campbell, as administrator with the will annexed, for an order to sell lands for the payment of debts.
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Appeal from the Probate Court of Lawrence. In. the matter of the estate of J ohn B. Hawkins, deceased, on the application of D, B. Campbell, as administrator with the will annexed, for an order to sell lands for the payment of debts. The administrator’s petition, which was filed in January, 1882, and duly verified by his affidavit, alleged that the-decedent died seized and possessed of certain lands, which were-particularly described; “that the personal property of said estate is insufficient to pay the debts thereof, and the will gives him [the petitioner] no 'power to sell the lands…
1Opinion of the CourtSomeryille, J.
An application to the Probate Court for the sale of lands, for the payment of debts of a decedent, is required to be made by an executor or administrator. Its contents must state, 1st, an accurate description of the lands; 2d, the names of the heirs or devisees, and their places of residence ; 3d, which of these, if any, are married women, infants, or non compotes mentis¡ 4th, that the estate of the deceased owes debts to a certain or an estimated amount; 5th, that the personal property of the estate is insufficient in value to pay such debts. The two last averments must be proved by the…
2Cases cited3 opinions
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- Stein v. AshbySupreme Court of Alabama · 1854
- Garrett v. BrunerSupreme Court of Alabama · 1877
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