Allen v. Martin
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. In the matter of the final settlement of the .accounts of Abram Martin, as guardian of Wade H. Allen, his late ward; which was before this court, on a former appeal by the ward, at the June term, 1859. — See the case reported in 34 Ala. 442. On the last settlement before the probate court, as shown by the bill of exceptions in the present record, that court allowed the guardian, in addition to his commissions on receipts and…
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Appeal from the Probate Court of Montgomery. In the matter of the final settlement of the .accounts of Abram Martin, as guardian of Wade H. Allen, his late ward; which was before this court, on a former appeal by the ward, at the June term, 1859. — See the case reported in 34 Ala. 442. On the last settlement before the probate court, as shown by the bill of exceptions in the present record, that court allowed the guardian, in addition to his commissions on receipts and disbursements, one-and-a quarter per cent, on the amount of money loaned out by him each year, for his services in lending…
1Opinion of the CourtR. W. Walker, J.
When this case was here before, we held that the effect of section 2039 of the Code was, to render section 1825 applicable to guardians, as well as to executors and administrators. — Allen v. Martin, 34 Ala. 442. The plain intention of the legislature, in making section 1825 applicable to guardians, was, that they should receive the same compensation for .the performance of the ordinary duties of their office, which is allowed executors and administrators for the performance of the ordinary duties of the office of executor or administrator; and that they should also be allowed “actual…
2Cases cited4 opinions
- Reese v. GreshamSupreme Court of Alabama · 1856
- Newberry's Administrator v. Newberry's DistributeesSupreme Court of Alabama · 1856
- O'Neill v. DonnellSupreme Court of Alabama · 1846
- Allen v. MartinSupreme Court of Alabama · 1859
3Cited by8 opinions
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Hall v. HallSupreme Court of Alabama · 1869
- Thompson v. ThompsonSupreme Court of Alabama · 1890
- Frierson v. TravisSupreme Court of Alabama · 1863
- Beasley v. WatsonSupreme Court of Alabama · 1867
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