King v. Cabiness' Creditors
Supreme Court of Alabama
"Writ'of Error to the Orphans’ Court of Marengo. King, in January, 1838, was appointed administrator with the will annexed of William Cabiness. In March, 1839, he returned the estate insolvent. The transcript states this report was accepted, but no formal decree appears, declaring-the insolvency. Subsequently, in 1840. a commission was appointed to audit the claims upon the estate, but nothing seems to have been done under this order.
Read the full summary
"Writ'of Error to the Orphans’ Court of Marengo. King, in January, 1838, was appointed administrator with the will annexed of William Cabiness. In March, 1839, he returned the estate insolvent. The transcript states this report was accepted, but no formal decree appears, declaring-the insolvency. Subsequently, in 1840. a commission was appointed to audit the claims upon the estate, but nothing seems to have been done under this order. On the first Monday of April, 1843, a citation was ordered for the administrator to make a final settlement of the estate, on the first Monday of May then next.…
1Opinion of the CourtGoldthwaite, J.
1. No progress having been made toward the settlement of this estate under the final orders, it is necessarily governed by the act of 1843, (Martin v. Baldwin, 7 Ala. Rep. 923,) and the proceedings, so far as citation to the administrator, and notice to those having an ad*600verse interest., seem to be in strict conformity to that act. [Dig. 229, § 41. 42.] It further appears that the administrator, in obedience to the citation, stated an account current and although this is not the account which the court finally decreed, yet the restating the account upon the final hearing, is precisely what…
2Cases cited2 opinions
- Brazeale's Adm'r v. Brazeale's DistributeesSupreme Court of Alabama · 1846
- Martin v. BaldwinSupreme Court of Alabama · 1845
3Cited by5 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1853
- Hollis v. CaughmanSupreme Court of Alabama · 1853
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863