Lucas v. Hamilton
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Clarke. Proceedings were instituted in the orphans’ court, and a final settlement made of the accounts of William R. Hamilton, guardian of Sarah Ann Burriss, now the wife of Charles F. Lucas, the plaintiff in error.
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Writ of Error to the Orphans’ Court of Clarke. Proceedings were instituted in the orphans’ court, and a final settlement made of the accounts of William R. Hamilton, guardian of Sarah Ann Burriss, now the wife of Charles F. Lucas, the plaintiff in error. The court, after auditing the accounts, and ascertaining that the sum of f460 35 was due to the guardian, proceeds to make a decree, that the said guardian “having in all things performed his duty as guardian of said Sarah Ann, be discharged from any further liability on his bond, and that the same be cancelled, and held for nought.” It is…
1Opinion of the CourtChilton, J.
By the act of 1832, (Clay’s Dig. 305, § 5,) it is provided, “ that the county courts, on final settlements of executors, administrators and guardians, shall assess, and insert in their decree, the amount of their distributive share.” It was necessary that the decree should state the amount, in order that execution might issue for its recovery. In this case, however, it appears there is a considerable balance due from the ward to the guardian, and as it is not competent for the court to give judgment and award execution in favor of the guardian against the ward, it would seem the reason for…
2Cases cited1 opinion
- Sellers v. SmithSupreme Court of Alabama · 1847