Smith v. Smith

Supreme Court of Alabama

Smith v. Smith

103 So. 557, 212 Ala. 522, 1925 Ala. LEXIS 81

CourtSupreme Court of Alabama

DecidedMarch 19, 1925

Docket8 Div. 745.

StatusPublished

Cited by1 cases

This text of 103 So. 557 (Smith v. Smith) 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

Smith v. Smith, 103 So. 557, 212 Ala. 522, 1925 Ala. LEXIS 81 (Ala. 1925).

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Opinion

BOULDIN, J.

The probate court, in the grant of letters testamentary and of administration, is a court of general jurisdiction. Const. 1901, § 149.

In the grant of letters of administration upon the estate of a decedent, the court is presumed to have ascertained every fact upon which the power to issue letters depends. Such letters of administration, or a certified transcript of the record thereof, is admissible, and is prima facie evidence of the death of, the decedent and that he died intestate. Code 1923, § 7694; Sims v. Boynton, 32 Ala. 353, 70 Am. Dec. 540; Bradley v. Broughton, 34 Ala. 694, 73 Am. Dec. 474; Landford v. Dunklin, 71 Ala. 594; Morgan v. Casey, 73 Ala. 222; May v. Marks, 74 Ala. 253; Barclift v. Treece, 77 Ala. 528; Kling v. Connell, 105 Ala. 590, 17 So. 121, 53 Am. St. Rep. 144.

This is an action by an administrator in his representative capacity to recover assets of the estate of his intestate; the death of the decedent, vel non, being treated as in issue on the trial. When the plaintiff introduced his letters of administration and the record of his appointment, he made out a Xirima facie case on that issue. In the absence of opposing evidence, it was not necessary for him to go further and introduce outside proof of death of his intestate. Errors, if any, in rulings upon the admissibility of such further evidence were harmless.

The judgment of the court below is affirmed.

Affirmed.

ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.

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BOULDIN, J.

The probate court, in the grant of letters testamentary and of administration, is a court of general jurisdiction. Const. 1901, § 149.

In the grant of letters of administration upon the estate of a decedent, the court is presumed to have ascertained every fact upon which the power to issue letters depends. Such letters of administration, or a certified transcript of the record thereof, is admissible, and is prima facie evidence of the death of, the decedent and that he died intestate. Code 1923, § 7694; Sims v. Boynton, 32 Ala. 353, 70 Am. Dec. 540; Bradley v. Broughton, 34 Ala. 694, 73 Am. Dec. 474; Landford v. Dunklin, 71 Ala. 594; Morgan v. Casey, 73 Ala. 222; May v. Marks, 74 Ala. 253; Barclift v. Treece, 77 Ala. 528; Kling v. Connell, 105 Ala. 590, 17 So. 121, 53 Am. St. Rep. 144.

This is an action by an administrator in his representative capacity to recover assets of the estate of his intestate; the death of the decedent, vel non, being treated as in issue on the trial. When the plaintiff introduced his letters of administration and the record of his appointment, he made out a Xirima facie case on that issue. In the absence of opposing evidence, it was not necessary for him to go further and introduce outside proof of death of his intestate. Errors, if any, in rulings upon the admissibility of such further evidence were harmless.

The judgment of the court below is affirmed.

Affirmed.

ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.

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Bluebook (online)

103 So. 557, 212 Ala. 522, 1925 Ala. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-ala-1925.

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