53 So. 260 | Ala. | 1910
William A. Smith died August 16, 1908. Subsequently William Siglin qualified as administrator of his estate. After the first amendment, the original bill in this cause made a case for the removal of the administration of the estate from the probate into the chancery court. It was first filed by Elizabeth Smith, the mother of intestate, who wa.s alleged to be an heir of the intestate, and later two other collateral heirs were transposed from parties defendant to parties complainant. The parties defendant were the brothers and sisters and neices and nephews of intestate, comprising, it was alleged, with the mother, all his heirs, and Siglin, the administrator. A supplemental bill, amending the original bill, was filed, in which Alice Jordan (or Smith) and 10 children borne by her while cohabiting with intestate were made parties to the cause. The bill, after all amending, invoked the court’s power to declare a nullity, and to cancel, on the ground of fraud, etc., so far as the purported grantor was concerned, a certain deed purporting to have been executed by Elizabeth Smith with others after the original bill was filed to Alice Smith (Jordan) and her 10 children mentioned, conveying to them all the right, title,
The contention for appellants, tending to error in the decree below,' is that there was after all amendments were made a misjoinder of parties complainant, a misjoinder of parties defendant, a departure, and mnltifarionsness. The • discussion in brief for appellant deals with the general question of multifariousness, involving an application of the reasoning and authorities to support that insistence to the specific matters of objection enumerated. It is evident from the amended bill that the determining factor, as respects the heirship of Elizabeth Smith and of the sisters, brothers, and neices of intestate, is whether Alice Smith (Jordan) is the surviving widow of intestate; and, if so, the 10 children of intestate by her are intestate’s heirs, thereby, of course, excluding Elizabeth Smith and the collateral kindred from the right of inheritance under our statute of descent and distribution. That is an issue of fact with which we are not now concerned.
Justices Anderson, Mayfield, Sayre, and Evans hold that the bill was rendered multifarious, and subject to demurrer therefor by virtue of the amendment made by the filing of the supplemental bill; that that pleading introduced matter foreign to the original bill and brought in parties to the original bill, who were in no wise interested in the administration of the estate, and who were not proper parties to the bill as originally filed.
Speaking for the writer, in dissent from the prevailing view stated, the major, general purpose of the original bill was to administer the estate of the intestate. That purpose comprehended the ascertainment of those entitled to share in the estate, and to what proportions.
The jurisdiction of equity in the administration of estates of decedents originally grew out of, and is based upon, the idea that an express trust exists for the bene
The objections for misjoinder of parties complainant and defendant were not in my opinion tenable. All of the parties to the cause bore relation to the subject-matter thereof. Whether Alice Smith (Jordan) and her childern had an interest depended upon their lawful relation to the intestate; and, if not so related to him, then their interest depended upon the validity of
The chancellor took the view that there was no misjoinder of parties complainant or defendant, no departure wrought by the supplemental bill, and no multifariousness resulting from the introduction of the supplemental bill; and hence overruled the demurrer. The writer concurs in the chancellor’s conclusion and would affirm the decree appealed from. However, the majority of the court find error in the particulars indicated; and so reverse the decree, and remand the cause.
Reversed and remanded.