Nolan v. Doss

• Decision Date: 23 April 1902
• Citation: 133 Ala. 259,31 So. 969
• Parties: NOLAN ET AL. v. DOSS ET AL.
• Court: Alabama Supreme Court

31 So. 969

133 Ala. 259

NOLAN ET AL. v. DOSS ET AL.

Supreme Court of Alabama

April 23, 1902

Appeal from probate court, Jefferson county; J. P. Stiles, Judge.

Appeal by Essie Nolan and others from a decree of the probate court assigning the personal estate of Otis Doss, deceased, to Julia Doss, as his widow. Affirmed.

The proceedings in this case were had upon the final settlement of an administration of the estate of Otis Doss, deceased. The appellants, who were the defendants in the court below and filed exceptions to the account of the administrator were the sister of the deceased and the children of the brother of deceased. It is claimed by the appellees that Julia Doss is the widow of the deceased, Otis Doss, and, as such, is entitled to receive the entire estate, which consists entirely of personal property. That she is widow or, at least, such widow as can inherit the estate, is denied by the appellants. Otis Doss died in Jefferson county, Ala on the 29th day of August, 1899, and on the 16th day of September, 1899, the said Julia (giving her name as Julia Doss) and Robt. C. Redus filed their petition to be appointed administrators of the estate of the deceased; the said Julia claiming to be widow of the deceased, and asking that Redus be joined with her as coadministrator. They were duly appointed and they duly qualified as such administrators, but on the 12th day of October, 1899, the said Julia resigned as administrator, leaving the said Redus as sole administrator of the estate, who has acted as such ever since. On the 19th day of October, 1899, the said Julia, claiming to be the widow of the deceased, filed a petition in the probate court asking that her exemptions as such widow be set apart to her. The court appointed commissioners to set off and allot to her the exemptions; and on the 23d day of November, 1899, the court confirmed the report of the commissioners, and ordered that certain articles of personal property and $988.36 in money be allowed to her as such widow. Of this proceeding the heirs, appellants herein, had no notice or knowledge. On the 17th day of September, 1900, the administrator filed his account for final settlement, naming the said Julia and these appellants and the four minor heirs referred to, as "the heirs and distributees of said deceased." The account further showed that the administrator had paid out to the said Julia the amount of $811.30. The said heirs, Essie Nolan and others, the appellants, then filed exceptions to the said account, objecting to the allowance of the various credits for money paid the said Julia. The administrator demurred to the exceptions, and the court sustained the demurrer. The appellants then filed their claim as distributees of the estate, and the said Julia then presented her claim, in the form of a petition, as widow, and sole distributee of the estate. The appellants then filed their answers to the said claim of the said Julia. Upon the hearing of the evidence the court confirmed and allowed the account of the administrator, and held that the said Julia was the widow of the deceased, Otis Doss, and, as such,...