Vincent v. Daniel
Supreme Court of Alabama
Appeal from tlie Court of Probate of Cherokee. Tried before the Hon. James L. Leath. On the 21st day of April, 1875, T>. C. Daniel filed a petition in the Court of Probate of Cherokee county, and stated therein that he was interested in the estate'of Wiley Vincent, deceased; that Hugh Vincent was appointed administrator of the estate on the third day of November, 1868, and was still its administrator; that the estate was solvent; and that more than eighteen months had…
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Appeal from tlie Court of Probate of Cherokee. Tried before the Hon. James L. Leath. On the 21st day of April, 1875, T>. C. Daniel filed a petition in the Court of Probate of Cherokee county, and stated therein that he was interested in the estate'of Wiley Vincent, deceased; that Hugh Vincent was appointed administrator of the estate on the third day of November, 1868, and was still its administrator; that the estate was solvent; and that more than eighteen months had elapsed since the grant of letters of administration; and concluded with a prayer that an order be made requiring “ Hugh…
1Opinion of the Court
BRICKELL, C. J.—
The statutes with clearness and precision prescribe the method of compelling a negligent or refractory executor or administrator to a settlement of his *605administration, and there is no difficulty in pursuing it. If' pursued, the j udge of probate by a simple recital of the facts on the record will sustain the regularity of the proceedings. The court may ex mero motu, and it is indeed its duty to proceed to compel such settlement, when from its records, it appears there is a delinquent executor or administrator. If it proceeds on the application of a party complaining, it should…
2Cases cited5 opinions
- Smith v. HallSupreme Court of Alabama · 1852
- Simmons v. KnightSupreme Court of Alabama · 1859
- Petty v. WaffordSupreme Court of Alabama · 1847
- Wright v. PowellSupreme Court of Alabama · 1845
- Spence v. SaverySupreme Court of Alabama · 1854
3Cited by4 opinions
- Burch v. GastonSupreme Court of Alabama · 1913
- Spear v. BanksSupreme Court of Alabama · 1899
- Alexander v. SteeleSupreme Court of Alabama · 1887
- Sampey's Adm'r v. SowellSupreme Court of Alabama · 1890