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38 Ala. 402

Jennings v. Moses

Supreme Court of Alabama

Decided June 15, 1862

Supreme Court of Alabama · decided 1862-06-15

In the matter of the estate of John A. Jennings, deceased, on the application of Robert M. Jennings for the revocation of letters of administration granted by said probate court to Linton L. Moses. The decedent died, in August, 1853, in Payette county, Georgia, where he was domiciled at that time ; and left a nuncupative will, which was duly admitted to probate by the court of ordinary of that county.

Cited by 3 later decisions — most recently December 1884

3 state decisions

Relies on Broughton v. Bradley

Good law ✅— No negative treatment on recordhow we know

Decided 1862-06-15

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A. J. WALKER, C. J.

¶1The administration of the appellee, upon the facts proved, was voidable and revocable, because it was a general administration granted as in ease of intestacy, when the deceased died testate, leaving a nuncupative will. — Broughton v. Bradley, 34 Ala. 694. *404For that reason, the court below erred, and its judgment must be reversed, and the cause remanded. In reversing upon this ground, we do not mean to affirm that there is no other valid objection to the administration, but we remain uncommitted as to all other points presented by the brief of counsel.

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