Purdom v. Tipton
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Madison. In the matter of the final settlement of the estate of Wm, E. Gardner, deceased, upon the application of Purdom, the administrator.
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Writ of Error to the Orphans’ Court of Madison. In the matter of the final settlement of the estate of Wm, E. Gardner, deceased, upon the application of Purdom, the administrator. In stating the account, preparatory to distribution, the distributees produced a writing signed by Purdom, the 4th January 1840, admitting the deposit by the intestate, in his hands, of $4,000, to secure him and one Jolley, who were recognizors for his appearance before the then next term of the Circuit Court of Madison, to answer a charge of murder. If Gardner attended thecourt, from court to court until discharged…
1Opinion of the CourtGoldthwaite, J.
It is ruled in very express terms by the adjudications cited by the defendant in error, from Massachusetts, that not only the administrator, but also his sureties are liable for a debt due from him to the decedent. Here the question is not presented by the surety directly, and the previous decisions of this court have settled that the administrator, on the settlement of his accounts with the Orphans’ Court, is properly chargeable with a debt due from himself to the decedent. Childress v. Childress, 3 Ala. Rep. 752; Hampton v. Shehan, 7 Ib. 298.]
The reason of this is, that the distributees are…
2Cases cited1 opinion
- Childress v. ChildressSupreme Court of Alabama · 1842
3Cited by10 opinions
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Weems v. BryanSupreme Court of Alabama · 1852
- Seawell v. Buckley's DistributeesSupreme Court of Alabama · 1875
- Copeland v. LoebSupreme Court of Alabama · 1959
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