King v. Shackleford
Supreme Court of Alabama
Wbit of error to the Court of Chancery for the 33lh district Northern division. The case made by the bill is this: In 1826 or 7, Job Mason departed this life, having previously made his will, by which he appointed the complainant, King and the defendant Shackleford, his executors. The will was admitted to probate in the county court of Shelby county, and letters testamentary, granted to botli the executors, who gave the bond and took the oaths required by law.
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Wbit of error to the Court of Chancery for the 33lh district Northern division. The case made by the bill is this: In 1826 or 7, Job Mason departed this life, having previously made his will, by which he appointed the complainant, King and the defendant Shackleford, his executors. The will was admitted to probate in the county court of Shelby county, and letters testamentary, granted to botli the executors, who gave the bond and took the oaths required by law. A public sale was had by the executors of the personal effects of their testator, at which one Ferrell became the purchaser of a…
1Opinion of the CourtCollier, C. J.
The act of 1806, concerning wills and testaments, &c. gives to one joint administrator, an action of account against the other, who has taken all, or the greater part of the intestate’s estate, and refuses to pay the debts, or funeral expenses, or refuses to account with him. It provides further, that “any executor being a residuary legatee, may have an action of account against his co-executor or co-executors, and recover his part of the estate in the hands of such co-executor or co-executors.” [Clay’s Dig. 228, § 29.] This statute is the only one which has the remotest application, and it…
2Cases cited2 opinions
- Childress v. ChildressSupreme Court of Alabama · 1842
- Edmonds v. CrenshawSupreme Court of the United States · 1840
3Cited by5 opinions
- Chandler v. ShehanSupreme Court of Alabama · 1845
- King v. ShacklefordSupreme Court of Alabama · 1848
- Waldrop v. PearsonSupreme Court of Alabama · 1868
- Langley v. LangleySupreme Court of Alabama · 1898
- Lindsey v. LindseySupreme Court of Alabama · 1933