Jennings v. Moses
Supreme Court of Alabama
Appeal from the Probate Court of Coffee. In the matter of the estate of John A. Jennings, deceased, on the application of Robert M. Jennings for the revocation of letters of administration granted by said probate court to Linton L. Moses. The decedent died, in August, 1853, in Payette county, Georgia, where he was domiciled at that time ; and left a nuncupative will, which was duly admitted to probate by the court of ordinary of that county.
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Appeal from the Probate Court of Coffee. In the matter of the estate of John A. Jennings, deceased, on the application of Robert M. Jennings for the revocation of letters of administration granted by said probate court to Linton L. Moses. The decedent died, in August, 1853, in Payette county, Georgia, where he was domiciled at that time ; and left a nuncupative will, which was duly admitted to probate by the court of ordinary of that county. Letters of administration on his estate, with the will annexed, were granted by said court of ordinary to his widow, Mrs. Sarah Jennings, who reduced to…
1Opinion of the CourtA. J. Walker, C. J.
The administration of the appellee, upon the facts proved, was voidable and revocable, because it was a general administration granted as in ease of intestacy, when the deceased died testate, leaving a nuncupative will. — Broughton v. Bradley, 34 Ala. 694. *404For that reason, the court below erred, and its judgment must be reversed, and the cause remanded. In reversing upon this ground, we do not mean to affirm that there is no other valid objection to the administration, but we remain uncommitted as to all other points presented by the brief of counsel.
2Cases cited1 opinion
- Broughton v. BradleySupreme Court of Alabama · 1859
3Cited by4 opinions
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Thomas v. MorrisettSupreme Court of Georgia · 1886
- Brock's Administrator v. FrankSupreme Court of Alabama · 1874
- Watson v. GloverSupreme Court of Alabama · 1884