Legal Opinion

Cook v. Wimberly

Supreme Court of Alabama

Decided January 15, 1854PublishedCited by 2 opinions

Appeal from the Court of Probate of Limestone. The appellant filed a petition in the Court of Probate of Limestone for the removal of the guardianship of Sarah M. Copeland to Tennessee.

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Appeal from the Court of Probate of Limestone. The appellant filed a petition in the Court of Probate of Limestone for the removal of the guardianship of Sarah M. Copeland to Tennessee. The petition alleged, that the father of said Sarah M. died in Limestone County in this State, which was his place of residence, leaving a widow and four children; that letters of administration were granted on his estate, by the Court of Probate of Limestone, to one William Crenshaw, and letters of guardianship on the estate of said Sarah M. were granted by said .court to William S. Wimberly ; that said…

1Opinion of the CourtChilton, C. J.

Section 2081 of the Code provides for the removal of the person and estate of a ward to another State by the resident guardian, upon complying with the requirements of said section, as to making full settlement of his accounts in this State, producing the transcript of his appointment in the State to which he desires to remove the *488guardianship, and proof of his having given good security, &c. The succeeding section (2082) applies to cases where the guardian and ward are both non-residents of this State ; that is, where the jurisdiction of the court over the ward first attaches in another…

2Cited by2 opinions

  1. Carlisle v. TuttleSupreme Court of Alabama · 1857
  2. Sampley v. WatsonSupreme Court of Alabama · 1869

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