Middleton's Adm'r v. Maull's Adm'r
Supreme Court of Alabama
Error to the Orphans’ Court of Lowndes. This was a proceeding before the Orphans’ Court for a final settlement of the administration of James Maul], deceased, on the estate of James P. Larkins. It appeared that Maull, the administrator, had reported the estate of his intestate insolvent, and that on the 8th of July 1844, after due notice, a decree was rendered declaring said estate insolvent.
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Error to the Orphans’ Court of Lowndes. This was a proceeding before the Orphans’ Court for a final settlement of the administration of James Maul], deceased, on the estate of James P. Larkins. It appeared that Maull, the administrator, had reported the estate of his intestate insolvent, and that on the 8th of July 1844, after due notice, a decree was rendered declaring said estate insolvent. A final settlement was ordered to be made on the 14th day of April 1845. On the day appointed, David H. Middleton, Benjamin Mock and other creditors of the said James P. Larkins appeared and filed…
1Opinion of the CourtChilton, J.
The question presented by the record is, whether the creditors of Larkins’ estate, Middleton and Mock, who had presented their claims to Maull, the administrator, within eighteen months, but who had not filed them with the clerk of the Orphans’ Court within six months after the estate had been declared insolvent, should have been allowed upon the final settlement of the estate to show that the estate was then solvent, by proving that the administrator had failed to charge himself with the crop of 1843, and with eight slaves specially *481named, and a wagon and harness, which he failed lo: relurn…
2Cases cited3 opinions
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Hollinger v. HollySupreme Court of Alabama · 1845
- Phelan v. PhelanSupreme Court of Alabama · 1848
3Cited by5 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Hine v. HusseySupreme Court of Alabama · 1871
- McDougald's Adm'r v. Dawson'sSupreme Court of Alabama · 1857
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Walker v. Mock's AdministratorSupreme Court of Alabama · 1865