Alexander v. Alexander
Supreme Court of Alabama
Appeal from the .Chancery Court of Dallas. Heard before the Hon. N S. Graham. The bill in this case was filed on the 28th December, 1880, by Joseph L. Alexander and others, as distributees of the estate of Dewitt O. Alexander, deceased, and as devisees and legatees under his will, against John D. Alexander, as the executor of said will, and also as the administrator da bonis non, of said estate; and sought to compel a settlement of the accounts of the said executor and…
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Appeal from the .Chancery Court of Dallas. Heard before the Hon. N S. Graham. The bill in this case was filed on the 28th December, 1880, by Joseph L. Alexander and others, as distributees of the estate of Dewitt O. Alexander, deceased, and as devisees and legatees under his will, against John D. Alexander, as the executor of said will, and also as the administrator da bonis non, of said estate; and sought to compel a settlement of the accounts of the said executor and administrator. John D. and Dewitt C. Alexander were sons of Joseph M. Alexander, deceased, who died in Marengo county, where…
1Opinion of the CourtStone, J.
There is nothing averred in this bill which takes it out of the operation of the rule declared in Otis v. Danrgcm, 53 Ala. 178 ; Waring v. Lewis, Ib. 615 ; Hutton v. Williams, 60 Ala. 137; Gamble v. Jordan, 54 Ala. 432. The Probate Court was not without jurisdiction to make this settlement, and inasmuch as the bill fails to show the omission of any steps necessary to put the jurisdiction of the Probate Court in exercise, it is wanting in equity, as it now stands. Whether it can be made to contain equity by amendment, we can not certainly know.
Reversed and remanded.
2Cases cited3 opinions
- Otis v. DarganSupreme Court of Alabama · 1875
- Gamble v. JordanSupreme Court of Alabama · 1875
- Hutton v. WilliamsSupreme Court of Alabama · 1877
3Cited by6 opinions
- Griffith v. VentressSupreme Court of Alabama · 1890
- First National Bank v. AshmeadSupreme Court of Florida · 1887
- Watts v. FrazerSupreme Court of Alabama · 1885
- Modawell v. HudsonSupreme Court of Alabama · 1885
- Patterson v. LeonardSupreme Court of Alabama · 1941
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