Gillilan v. Gillilan

Supreme Court of Alabama

Gillilan v. Gillilan

483 So. 2d 401, 1986 Ala. LEXIS 3390

CourtSupreme Court of Alabama

DecidedJanuary 24, 1986

DocketNo. 84-1342

StatusPublished

Cited by1 cases

This text of 483 So. 2d 401 (Gillilan v. Gillilan) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gillilan v. Gillilan, 483 So. 2d 401, 1986 Ala. LEXIS 3390 (Ala. 1986).

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Opinion

PER CURIAM.

The Issue: Whether the circuit court erred in holding that the father of the deceased, who filed for letters of administration before the expiration of 40 days from the deceased’s death, was the duly appointed personal representative, under challenge by the guardian of the deceased’s minor son, when no preferential applicants were before the court within the 40-day period pursuant to Code 1975, § 43-2-42.

The Decision: Affirmed on the authority of McCord v. Stephens, 295 Ala. 162, 325 So.2d 155 (1975). See, also, Starlin v. Love, 237 Ala. 38, 185 So. 380 (1938); and Childs v. Davis, 172 Ala. 266, 55 So. 540 (1911).

AFFIRMED.

TORBERT, C.J., and MADDOX, JONES, SHORES and ADAMS, JJ., concur.

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