Eubank v. Clark
Supreme Court of Alabama
Appeal from the Probate Court of Greene. Heard before the Hon. W. C. Oliver’. In the matter of the final settlement of the accounts of Thomas C. Clark, as administrator de bonis non of the'insolvent estate of John M. Eubank, deceased. Said Eubank died-in February, 1861, leaving a widow and several children, and possessed of a tract of land, on which he resided, and about twenty slaves.
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Appeal from the Probate Court of Greene. Heard before the Hon. W. C. Oliver’. In the matter of the final settlement of the accounts of Thomas C. Clark, as administrator de bonis non of the'insolvent estate of John M. Eubank, deceased. Said Eubank died-in February, 1861, leaving a widow and several children, and possessed of a tract of land, on which he resided, and about twenty slaves. Letters of administration on his estate were duly granted by the Probate Court of said county, in April, 1861, to the widow, Mrs. Susan Y. Eubank, who thereupon gave bond, with Win. II. Knott and Thomas W. Sims…
1Opinion of the CourtClopton, J.
1. Special statutory provisions for the declaration and settlement of insolvent estates, constituting an entire and complete system, have been enacted, which seem to indicate that the administrator and creditors are the only necessary parties to such declaration and subsequent settlements, on the presumption that the heirs and distributees have no further interest. If, however, the estate proves solvent, because of the rejection of claims filed, or of the failure of creditors to file their claims, and a surplus remains, after satisfying the claims filed and allowed, it can not be applied in…
2Cases cited13 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Landford v. DunklinSupreme Court of Alabama · 1882
- Clark v. KnoxSupreme Court of Alabama · 1881
- Teague v. CorbittSupreme Court of Alabama · 1877
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Chandler v. WynneSupreme Court of Alabama · 1887
- McCraw v. CooperSupreme Court of Alabama · 1928
- Banks v. SpeersSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.