Espalla v. Dolan
| Citation | 8 So. 491,91 Ala. 152 |
| Parties | ESPALLA ET AL. v. DOLAN ET AL. |
| Decision Date | 28 November 1890 |
| Court | Alabama Supreme Court |
Appeal from chancery court, Mobile county; W. H. TAYLOE, Judge.
W E. Richardson and Thos. H. Smith, for appellants.
Hannis Taylor, for appellees.
The administration and settlement of insolvent estates under our statutes constitute a system, and have justly been regarded as the continuation of one proceeding. The filing of a proper declaration and statement in the probate court gives the court jurisdiction, and all else, up to final settlement and disbursement, follows under statutory regulation. We think such report of insolvency must be classed as the institution of proceedings in the probate court, which will exclude chancery jurisdiction unless some special equitable grounds be assigned. The above principles of law are declared in the case of Hill v. Armistead, 56 Ala. 120. Complainants' bill shows on its face that the administratrix filed her petition and statement in the probate court, seeking to have the estate declared insolvent. Complainants, as heirs, contested this application, and pending the issue of insolvency vel non in the probate court, the present bill was filed, asking among other reliefs that the administration be removed from that court to the chancery court. The duty devolves upon complainants to show some special equity for removing the cause to the chancery court. One ground of relief relied upon is that the administratrix, wife of decedent, is proceeding in the probate court to have dower set aside and allotted to her and the bill alleges the character of the property to be such that this cannot be done by metes and bounds, and the probate court has no jurisdiction under such conditions. Code, § 1910. The bill directly charges that the statutory separate estate of the widow at the time of the death of her husband exclusive of the rents incomes, and profits, was and is equal to, or greater in value than, her dower interest and distributive share in her husband's estate, estimating her dower interest in said land at seven years' rent of the dower interest. Code, § 2354. On demurrer, this direct allegation must be considered as true, and the fact that the bill shows that the widow denies that she owns any other than an equitable estate, cannot relieve the positive allegation in the bill that it is her statutory estate. The probate court has jurisdiction to determine...
To continue reading
Request your trial
-
J. Pollock & Co. v. Haigler
...to compel a discovery of withheld or concealed assets is sought to be averred, this court, in Shackelford v. Bankhead, supra, and in Dolan v. Dolan, supra, long since ruled that jurisdiction of the probate courts was entirely adequate to serve the purposes of discovery and redress in such c......
- Smith v. Dinkelspiel