Evans v. Mathews
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Wilcox. The plaintiff in error filed his petition in the Orphans’ Court, as the administrator of Thomas Evans, dec’d, late of Wilcox county, in which he represented that the personal estate of his intestate, was insufficient to pay the intestate’s debts; and alledging that he died siezed and possessed of a tract of land, (particularly described,) situate in that county, which should be sold and made assets for the payment of debts.
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Writ of Error to the Orphans’ Court of Wilcox. The plaintiff in error filed his petition in the Orphans’ Court, as the administrator of Thomas Evans, dec’d, late of Wilcox county, in which he represented that the personal estate of his intestate, was insufficient to pay the intestate’s debts; and alledging that he died siezed and possessed of a tract of land, (particularly described,) situate in that county, which should be sold and made assets for the payment of debts. Petitioner further stated, that the intestate left three sons, to wit: himself, John Evans and Charles Evans, and two…
1Opinion of the CourtCollier, C. J.
The supposed irregularities which have been insisted on by the plaintiff in error, may be thus stated: 1. The evidence on which the decree of the Orphans’ Court was founded, is ex parte, not being assented to by all the heirs. 2. The record does not show that the heirs residing in the county had personal notice that the petition-was filed. 3. The-fh-st report of a sale, which was made by the administrator-, should have been received by the Court, and he should not have been committed until he made a second, on which the final order was made. 4.. The intestate, or his heirs, had no title to…
2Cases cited1 opinion
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
3Cited by8 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Duval's Heirs v. P. & M. BankSupreme Court of Alabama · 1846
- Lewis v. WellsSupreme Court of Alabama · 1874
- Hoard v. Hoard's Adm'rSupreme Court of Alabama · 1868
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