Fretwell v. McLemore
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before Hon. Adam C. Feldeb. The bill in this cause was filed by the appellants against the appellees on tbe 17th day of February, 1878. Its allegations are tbat Esther Fretwell, a citizen of the State of Georgia, departed this life intestate in the year 1854, leaving assets in tbe State of Alabama. No administration of her estate was ever had in Georgia, and no debts existed against ber either there or here.
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Appeal from Chancery Court of Montgomery. Heard before Hon. Adam C. Feldeb. The bill in this cause was filed by the appellants against the appellees on tbe 17th day of February, 1878. Its allegations are tbat Esther Fretwell, a citizen of the State of Georgia, departed this life intestate in the year 1854, leaving assets in tbe State of Alabama. No administration of her estate was ever had in Georgia, and no debts existed against ber either there or here. In 1854, tbe court of probate of Montgomery county in this State appointed one Joseph D. Hopper as administrator of tbe estate of said…
1Opinion of the CourtBrickell, C. J.
(after stating facts as above). — We propose to consider the causes of demurrer in the order in which we have stated them.
In Gardner v. Gantt (19 Ala. 668), Dargan, C. J., said: “ The distributees or next of kin can maintain no suit, either at law or in equity, for the mere purpose of distribution, until letters of administration have been duly granted upon the estate of the deceased. This principle is well settled by authority, but even without decided cases no other rule could obtain, for the reason that the law casts the title to all the personal estate of the decedent upon his personal…
2Cases cited47 opinions
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Walker v. ByersSupreme Court of Arkansas · 1853
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
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3Cited by114 opinions
- Paul Boyle v. City of Pell CityCourt of Appeals for the Eleventh Circuit · 2017
- Evans v. EvansSupreme Court of Alabama · 1917
- Clark v. KnoxSupreme Court of Alabama · 1881
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Greenlees v. GreenleesSupreme Court of Alabama · 1878
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