Legal Opinion

Anderson's Adm'r v. McGowan

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 4 opinions

Appeal from Probate Court of Wilcox. Heard before Hon. J. H. Burdick. This is an appeal from certain rulings and decrees of the probate court, in tbe matter of the final settlement of the estate of R. P. Anderson, deceased, on the accounts filed by appellant as administrator cum testamento■ annexo ; the widow of testator and the minor heirs, by their guardian ad litem, being contestants.

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Appeal from Probate Court of Wilcox. Heard before Hon. J. H. Burdick. This is an appeal from certain rulings and decrees of the probate court, in tbe matter of the final settlement of the estate of R. P. Anderson, deceased, on the accounts filed by appellant as administrator cum testamento■ annexo ; the widow of testator and the minor heirs, by their guardian ad litem, being contestants. Appellant’s testator died in the year 1860, leaving the following will : “ I, R. P. Anderson, being of sound and disposing mind and memory, and knowing the uncertainties of life, do make and publish this as…

1Opinion of the CourtB. F. Saffold, J.

This case was before this court at the January term, 1868, (42 Ala. 280,) on some of the questions now involved, especially in respect to the"depositary of the powers conferred by the tesiator’s will.

The executor appointed by the will, Isaac E. Andersonj renounced his right, and he and. Osborn S. Jones were appointed administrators cum testamento annexo. Under the power of sale given in the will, they sold all of the property, real and personal, on a credit of twelve months, with *467interest from tlie day of sale, after due notice by publication.

The probate court, in compliance with the decision…

2Cases cited6 opinions

  1. Judson v. GibbonsNew York Supreme Court · 1830
  2. Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
  3. Perkins v. MooreSupreme Court of Alabama · 1849
  4. Leavens v. ButlerSupreme Court of Alabama · 1839
  5. Anderson v. McGowanSupreme Court of Alabama · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ralls v. JohnsonSupreme Court of Alabama · 1917
  2. Moody v. BibbSupreme Court of Alabama · 1874
  3. Vaughan v. BibbSupreme Court of Alabama · 1871
  4. Hester v. WatkinsSupreme Court of Alabama · 1875

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