Pitts v. Darby

Decided June 5, 1913

Supreme Court of Alabama · decided 1913-06-05

Heard before Hon. L. D. Gardner. Bill by P. H. Pitts, as administrator with the will annexed, against Jennie E. Darby and others, to determine whether or not the administrator can sell certain lands under the power contained in the will without an order of court, and, if not, to direct a sale of the land for distribution. Decree for respondents and complainants appeal.

Relies on Blacksher Co. v. Northrup

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-06-05

How this case has been cited

Cited by 7 later decisions — most recently February 1963

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, J.

¶1Since the instrument purporting to be a testamentary disposition of lands in this state owned by Alex P. Brevard, a resident of North Carolina, was not attested by two witnesses, as required by Code, § 6172, to pass the title to real estate — a fact appearing upon the face of the record authenticated by the superior court of North Carolina, in which the instrument was probated, to the probate court of Lowndes county, Ala., in which the lands lie — the authority of Blacksher Co. v. Northrup, 176 Ala. 190, 57 South. 743, 12 L. R. A. (N. S.) 454, requires the affirmance of the decree sustaining the demurrers to the bill, with the result that the lands in this state descend under our statutes of descent and distribution, not affected by the testamentary instrument referred to before.

¶2Affirmed.

Dowdell, C. J., and Sayre and Somerville, JJ., concur.