Legal Opinion

Greenwood v. Warren

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 8 opinions

Appeal from the Chancery Court of Macon. • .Heard before the Hon. Jeke N. Williams. The facts of the case are sufficiently stated in the opinion.

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Appeal from the Chancery Court of Macon. • .Heard before the Hon. Jeke N. Williams. The facts of the case are sufficiently stated in the opinion. After the probate court has taken jurisdiction of the estate of a decedent for the special purpose of a final settlement of the pending administration, a legatee or distributee may. remove such administration into the chancery'court, by showing some ground for exclusive equity cognizance, or averring some fact, which shows that the powers of the probate court are inadequate, and that a resort to chancery is necessary. — Ligón v. Ligón, 105 Ala. 460.…

1Opinion of the CourtBrickell, C. J.

This is an appeal from a decree of the chancery court dismissing an original bill; and the questions involved 'are dependent on the sufficiency and proof of pleas interposed by the respondent Warren, one of the appellees. The bill, which was filed by the appellant, alleges that Mrs. Greenwood, the mother of the appellant, died in July, 1891, leaving a last will and testament which was duly admitted to probate in and by the court of probate of Macon county. That the appellee, Warren, who was the son-in-law of the deceased, was nominated executor without bond of the will, and duly qualified as…

2Cases cited7 opinions

  1. Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
  2. Gilbreath v. JonesSupreme Court of Alabama · 1880
  3. Goodwin v. McGeheeSupreme Court of Alabama · 1849
  4. Thompson v. LeeSupreme Court of Alabama · 1857
  5. Rooney v. Michael & LyonsSupreme Court of Alabama · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
  2. Connecticut Mutual Life Insurance v. Merritt-Chapman & Scott Corp.Court of Chancery of Delaware · 1932
  3. Batson v. EtheridgeSupreme Court of Alabama · 1940
  4. Moulton v. KolodzikSupreme Court of Minnesota · 1906
  5. Johnson v. GartmanSupreme Court of Alabama · 1911

3 more not listed; retrieve them via the Exa API.

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