Marshall v. Mashall's
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. In the matter of the estate of Joseph B. Marshall, deceased ; John L. Marshall, the appellee, was the executor of the last will and testament of said Joseph B. Marshall, which will was admitted to probate in the probate court of Monroe county, on the 2nd January, 1865. On the 25th November, 1867, said executor appeared in the probate court and made a final settlement of his administration as executor of said estate. ¥m.
Read the full summary
Appeal from the Probate Court of Monroe. In the matter of the estate of Joseph B. Marshall, deceased ; John L. Marshall, the appellee, was the executor of the last will and testament of said Joseph B. Marshall, which will was admitted to probate in the probate court of Monroe county, on the 2nd January, 1865. On the 25th November, 1867, said executor appeared in the probate court and made a final settlement of his administration as executor of said estate. ¥m. P. Marshall and Sarah J. Marshall, heirs and legatees of said Joseph B. Marshall, appeared and contested said settlement. The only…
1Opinion of the CourtJudge, J.
The probate judge attained the conclusion, from the evidence, that the note of appellee to Joseph B. Marshall, for two thousand nine hundred and fifty-seven dollars, dated August 15th, 1863, and due one day after date, was given with the understanding between the parties at the time of its execution, that it should be discharged by a payment in Confederate currency or treasury notes ; and, consequently, charged the executor, not with the full amount of said note, but with the value of the amount thereof in Confederate money, estimating such value as of the date of the note.
The question for…
2Cases cited2 opinions
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Mooring v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1855
3Cited by4 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Smith v. PittsSupreme Court of Alabama · 1910
- Hetherington v. HixonSupreme Court of Alabama · 1871
- Lee v. GreenSupreme Court of Alabama · 1887