Executors of Sankey v. Heirs of Sankey
Supreme Court of Alabama
Error to the Orphan’s Court of Montgomery. This was an application for the settlement of the estate of John S. Sankey, deceased. The record states, that on the 3d January, 1843, application was made for a distribution of the estate by John Elsbury, in right of his wife, the widow of the deceased — whereupon the court cited the executors, James C. Sankey and James B. Stephens, to appear on the 15th February next, and make final settlement.
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Error to the Orphan’s Court of Montgomery. This was an application for the settlement of the estate of John S. Sankey, deceased. The record states, that on the 3d January, 1843, application was made for a distribution of the estate by John Elsbury, in right of his wife, the widow of the deceased — whereupon the court cited the executors, James C. Sankey and James B. Stephens, to appear on the 15th February next, and make final settlement. On that day the executors appeared and moved a continuance, which was granted. No further proceedings were had until the 17th July, 1843, when Elsbury, in…
1Opinion of the CourtOrmond, J.
The supposed error, in issuing the citation to 'the executors at the instance of the husband, if true, cannot avail, fey the appearance of the executors, and submitting to account, they mrfst be understood as waiving any objection to the citation.
We do not think there was error in permitting the settlement 'to proceed after the death of the wife, at the instance of her husband, as her administrator. It cannot be doubted that the intention of the legislature was, that no action or suit should abate when the cause of action survived. That it was intended that the act should extend beyond suits…
2Cited by5 opinions
- Hearne's Adm'x v. HarbisonSupreme Court of Alabama · 1846
- Sankey's Ex'rs v. ElsberrySupreme Court of Alabama · 1846
- Jones v. DyerSupreme Court of Alabama · 1852
- Judge v. TysonSupreme Court of Alabama · 1868
- Sankey's Ex'rs v. Sankeys DistributeesSupreme Court of Alabama · 1845