Legal Opinion

Foust v. Chamblee's Administrator

Supreme Court of Alabama

Decided June 15, 1874PublishedCited by 1 opinion

Appeal from the Probate Court of Blount. In the matter of the final settlement of the accounts and vouchers of Samuel Foust, as guardian of Lewis Chamblee, deceased, on the application of Ií. A. Gillespie, as administrator of said deceased ward.

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Appeal from the Probate Court of Blount. In the matter of the final settlement of the accounts and vouchers of Samuel Foust, as guardian of Lewis Chamblee, deceased, on the application of Ií. A. Gillespie, as administrator of said deceased ward. The record in this court, as perfected on certiorari, shows that said Gillespie was appointed guardian of said Lewis Chamblee on the election of the ward himself, on the 23d day of October, 1856, and gave bond and entered on the discharge of the duties of said trust on the same day; that on the 25th February, 1858, he was removed, and his letters of…

1Opinion of the CourtPeters, C. J.

When the judgment from which this appeal is taken is contrasted with the facts set out in the record, such a result as appears from it could hardly have been anticipated. The transcript shows that the guardian made final settlement of his guardianship in 1863 ; and by this it is shown that he had properly accounted for all the ward’s estate that had come into his hands, and that there was a decree final in his favor upon said settlement. And after this a decree in the same case and oh the same record was rendered against him for the sum of $3,008.36 of the ward’s estate remaining in his…

2Cases cited4 opinions

  1. Horn v. LockhartSupreme Court of the United States · 1873
  2. Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
  3. Mosely v. TuthillSupreme Court of Alabama · 1871
  4. Trustees of University of Alabama v. KellerSupreme Court of Alabama · 1840

3Cited by1 opinion

  1. Bentley v. DaileySupreme Court of Alabama · 1888

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