Rhodes v. Turner
Supreme Court of Alabama
Error to tbe Court of Probate of Mobile. 1. In 1881, Rhodes made a full settlement of his accounts as executor; it was so considered and acted on by the parties and the court. In 1832, at the instance of the defendant in error, Emily, by her guardian, Arrington, Rhodes is ordered to pay to the guardian, Arrington, the amount ascertained in his hands. In 1833, Rhodes resigns his executorship, stating he has made a final settlement.
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Error to tbe Court of Probate of Mobile. 1. In 1881, Rhodes made a full settlement of his accounts as executor; it was so considered and acted on by the parties and the court. In 1832, at the instance of the defendant in error, Emily, by her guardian, Arrington, Rhodes is ordered to pay to the guardian, Arrington, the amount ascertained in his hands. In 1833, Rhodes resigns his executorship, stating he has made a final settlement. This is accepted by the court, and an administrator de bonis non appointed. Rhodes, it is said, moved from tbe State; near seventeen years elapse, and then, without…
1Opinion of the CourtChilton, J.
— The plaintiff in error having, as executor, taken upon himself the execution of the will of William H. *214Howell, deceased, on tbe 8th April, 1831, filed his accounts and vouchers in the Orphans’ Court of Mobile, which had granted him letters testamentary, for a settlement of the estate. A day was appointed and publication duly ordered, for all parties interested to appear and show cause why the account should not be allowed.
On the day thus set apart, viz: on the 30th May, 1831, it was ordered, that the executor “pay all the claims which are marked passed on his exhibit, and also, those…
2Cases cited5 opinions
- Hall v. Heirs of WilsonSupreme Court of Alabama · 1848
- Boyett v. KerrSupreme Court of Alabama · 1844
- Legatees of Horn v. GraysonSupreme Court of Alabama · 1838
- Douthitt's Administrator v. DouthittSupreme Court of Alabama · 1840
- Crothers v. Heirs of RossSupreme Court of Alabama · 1850
3Cited by27 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Philippi v. PhilippeSupreme Court of the United States · 1885
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