Jones' Heirs v. Jones' Administrator
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. In the matter of the estate of Alfred Jones, deceased; James M. Dillehay and John B. Calloway, administrators. On the 80th August, 1866, Calloway appeared in the probate court of Montgomery, and filed his petition for the removal of Dillehay, his co-administrator, on the ground of his having removed from the State. The court made an order, setting a day for the hearing of the petition and issued notice to Dillehay.
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Appeal from the Probate Court of Montgomery. In the matter of the estate of Alfred Jones, deceased; James M. Dillehay and John B. Calloway, administrators. On the 80th August, 1866, Calloway appeared in the probate court of Montgomery, and filed his petition for the removal of Dillehay, his co-administrator, on the ground of his having removed from the State. The court made an order, setting a day for the hearing of the petition and issued notice to Dillehay. On the '20th November, 1866, he appeared in said probate court and filed his accounts and vouchers for a final settlement of said…
1Opinion of the CourtJudge, J.
1. Under the influence of section 1891 of the Code of 1852, it was several times held by this court that a bill of exceptions was necessay to the validity of an *221appeal from a decree of the probate court, rendered on the final settlement and distribution of a decedent’s estate; that section requiring the appeal, in such case, to be tried on bill of exceptions. — Harris v. Dillard, 31 Ala. 191; Turner and Wife v. Key’s Adm’r, ib. 202 ; Dunham v. Hatcher, ib. 483 ; Bartee and Wife v. James, Adm’r, 33 Ala. 34.
These adjudications, it may be presumed, gave rise to the enactment by the legislature…
2Cases cited15 opinions
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Gordon v. McLeodSupreme Court of Alabama · 1852
- Williams v. HarrisonSupreme Court of Alabama · 1851
- Reese v. GreshamSupreme Court of Alabama · 1856
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Tayloe v. BushSupreme Court of Alabama · 1883
- Walsh v. WalshSupreme Court of Alabama · 1935
- Babb v. FosterSupreme Court of Colorado · 1898
9 more not listed; retrieve them via the Exa API.