Phillips v. Thompson
Supreme Court of Alabama
Error to the Orphan’s court of Madison county. In this case, it appears that Mrs. Thompson, who was the wife and executrix of Mills Ely, Intermarried with her present husband, who became an executor in, her right.
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Error to the Orphan’s court of Madison county. In this case, it appears that Mrs. Thompson, who was the wife and executrix of Mills Ely, Intermarried with her present husband, who became an executor in, her right. The estate of the testator being reported insolvent to the Orphan’s court of Madison, (from which the defendants received letters testamentary,) the final settlement of the same was brought before the the judge of that court; whereupon the plaintiff, as administrator of Ann Hancock, (under a grant of administration from the court óf some county in Virginia,) presented a well au-'…
1Opinion of the CourtCollier, C. J.
It is objected to the decree of the Orphan’s court, that it is erroneous—
1. Because it allows the defendants to retain as the wife’s distributive share of the estate of Ann Hancock, the plaintiff’s intestate, one third of the plaintiff’s demand — and further, diminishes his recovery, by setting off the wife’s distributive share of so much of the intestate’s estate, as was in the State of Virginia ;
2. That it makes these deductions without any allow-*666anee to the plaintiff, (as administrator of Ann Hancock,) for commissions in settling his intestate’s estate, or to reimburse his expenditures for…
2Cited by2 opinions
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