Thomas v. Field
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill in equity by Lamar Field, as executor of the will of Ella H. Brock, deceased, against Nellie Brock Field, Julia Brock Spangler, Julia Weedon, and Lamar Field, Jr., and Ellen Spangler, minors, seeking a construction of the said will. From the decree, E. Perry Thomas, as guardian ad litem for the minors, Lamar Field, Jr., and Ellen Spangler, appeals.
Read the full summary
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill in equity by Lamar Field, as executor of the will of Ella H. Brock, deceased, against Nellie Brock Field, Julia Brock Spangler, Julia Weedon, and Lamar Field, Jr., and Ellen Spangler, minors, seeking a construction of the said will. From the decree, E. Perry Thomas, as guardian ad litem for the minors, Lamar Field, Jr., and Ellen Spangler, appeals. The appointment by the probate court of an executor, and the grant by it of letters testamentary to one not designated- in the will, is an absolute nullity. Blakely v.…
1Opinion of the CourtMiller, J.
This is a bill in equity filed by Lamar Field as executor of the estate of Ella H. Brock, deceased, against Ellen Spangler and others, devisees and legatees under the will of decedent. The administration of the estate was duly removed from the probate court into the circuit court, in equity, as permitted by an act in General Acts 1911, p. 574, as amended General Acts 1915, p. 738. The bill of complaint as amended seeks an interpretation of the will of decedent, and whether or not Lamar Field is the executor, and, if so, his powers and authority, if any, under the will, to sell and-convey the…
2Cases cited3 opinions
- Blount v. MooreSupreme Court of Alabama · 1875
- Hardeman v. HardemanSupreme Court of Alabama · 1918
- Alstork v. CurrySupreme Court of Alabama · 1922
3Cited by3 opinions
- In Re Effertz' EstateMontana Supreme Court · 1949
- Gergen v. KellingtonMontana Supreme Court · 1949
- Smith v. RiceSupreme Court of Alabama · 1956