Hatcher v. Dillard's Adm'rs
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 22d December, 1876, by Archer W. Hatcher and his wife, Mrs. Mary Hatcher, who was a daughter of Edward H. Dillard, deceased, against William R. Larkin and John Y. Cross, as the administrators of the estate of said Dillard, and against the other heirs and distributees of the estate; and sought a final settlement of the accounts of said administrators, and to…
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Appeal from the Chancery Court of Jackson. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 22d December, 1876, by Archer W. Hatcher and his wife, Mrs. Mary Hatcher, who was a daughter of Edward H. Dillard, deceased, against William R. Larkin and John Y. Cross, as the administrators of the estate of said Dillard, and against the other heirs and distributees of the estate; and sought a final settlement of the accounts of said administrators, and to set aside, on allegations of fraud and mistake, a final settlement which had been rendered by the Probate Court of said…
1Opinion of the CourtStone, J.
When a minor distributee has a- regularly appointed guardian, who is present, representing his ward, on the final settlement of the administrator, it is not necessary that the minor or infant should be represented by a guardian ad litem. Not only would the double representation be cumbrous, and possibly inharmonious, but it is to be presumed the regularly appointed guardian would more carefully guard the interests of his ward, than a guardian ad litem would.—Jones v. Fellows, 58 Ala. 343. No irregularity, save the above, has been charged to have occurred in the Probate Court settlement, which…
2Cases cited5 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Moore v. LesueurSupreme Court of Alabama · 1858
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Jones v. FellowsSupreme Court of Alabama · 1877
3Cited by3 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Hall v. PegramSupreme Court of Alabama · 1888
- Hall v. HallSupreme Court of Alabama · 1929