Nicrosi v. Guily

• Decision Date: 17 December 1888
• Citation: 85 Ala. 365,5 So. 156
• Parties: NICROSI v. GUILY.
• Court: Alabama Supreme Court

5 So. 156

85 Ala. 365

NICROSI v. GUILY.

Supreme Court of Alabama

December 17, 1888

Appeal from probate court, Montgomery county; F. C. RANDOLPH, Judge.

Petition by Antoni Guily to revoke letters of administration granted to John B. Nicrosi. The prayer of the petition was granted and Nicrosi appeals.

Jere N. Williams, for appellant.

John G. Winter, for appellee.

STONE C.J.

The question presented by this record is whether administration on the estate of Jeanette Guily was committed to Nicrosi improvidently. On petition of Antoni Guily, surviving husband of Jeanette, the probate court revoked the letter of administration previously granted to Nicrosi. From that order the present appeal is prosecuted. The record shows the following state of facts: Jeanette, the decedent, was of foreign birth, but resided for many years in the state of Alabama. Many years ago she intermarried with Antoni Guily who was also a foreigner by birth, but had become a naturalized citizen of the United States. They resided together in Montgomery, Ala., until about the year 1885, when they returned to the kingdom of Belgium, in Europe, where Jeanette soon afterwards died intestate, leaving no lineal descendants, but leaving brothers and sisters, who were and are foreigners. Antoni, the husband, also survives. It is not shown whether their return to Europe was intended to be permanent or temporary, nor is it shown whether the said Antoni has ever returned to the United States. During their coverture Jeanette purchased a lot of land in the city of Montgomery, took the title in her own name, and to her sole and separate use, and died the owner of the property. It is shown that she had no other property in Alabama, unless some rents were due her, of which no proof is made. Leaving for Europe, Jeanette left the property in the hands of Nicrosi as agent, who acted as such until her death. The lot was in possession of one who had been tenant, who held over, and claimed to have acquired title at tax sale. The question is whether, under the facts of this case, the lot was assets of the said Jeanette within the jurisdiction of the probate court of Montgomery county sufficient to give to that court jurisdiction to grant administration on her estate. In the absence of all statutory regulations enabling aliens to own, transmit, or inherit property, the law does not, ex proprio vigore, divest the title of such alien to property purchased by him. It can be defeated and vested in the sovereignty by escheat, only by the successful prosecution of proceedings instituted therefor. Harley v. State, 40 Ala. 689. And, under ordinary circumstances, the ownership of real estate alone supplies the element of assets within the jurisdiction, so as to authorize administration on the estate...