Kidd v. Bates
Supreme Court of Alabama
Appeal from tlie Probate Court of Elmore. Heard before the Hon. Cabot Lull. The facts of the case are sufficiently stated in the opinion. The appointment by the testator of an executor is no waiver of the statutory requirement that the person so nominated “shall be fit to serve.” It is against the statute and public policy that any man should be inducted into a trust when there is every reason to believe that he cannot and will not discharge the duties of the position.
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Appeal from tlie Probate Court of Elmore. Heard before the Hon. Cabot Lull. The facts of the case are sufficiently stated in the opinion. The appointment by the testator of an executor is no waiver of the statutory requirement that the person so nominated “shall be fit to serve.” It is against the statute and public policy that any man should be inducted into a trust when there is every reason to believe that he cannot and will not discharge the duties of the position. Under the provisions of section 45 of the Code of 1896, the court is vested with the discretion to determine whether or not…
1Opinion of the CourtBrickell, C. J.
Horatio B. Tulane died in October, 1897, leaving a last will and testament in which Louis A. Bates and Louisa V. Kidd were named as executor and executrix. After the probate of the will *82Louis A. Bates made application for letters testamentary, .which application was contested by appellants, Louisa V. Kidd and Louis S. Kidd, heirs at law of testator and legatees under the will, who filed objections to the issue of letters testamentary to said Bates, and asked that said application be refused. The substance of these objections is, that while the testator was in a very weak condition of. body…
2Cases cited12 opinions
- In re BauquierCalifornia Supreme Court · 1891
- Cook v. Meyer Bros.Supreme Court of Alabama · 1883
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
- Smith's Appeal From ProbateSupreme Court of Connecticut · 1892
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3Cited by28 opinions
- Matthews v. MatthewsNew York Court of Appeals · 1925
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Crommelin v. RaoullSupreme Court of Alabama · 1910
- In re Estate of Van VleckSupreme Court of Iowa · 1904
23 more not listed; retrieve them via the Exa API.