Radford's Adm'r v. Morris
Supreme Court of Alabama
Appeal from the Probate Court of Madison. In the matter of the final settlement of the accounts of Newton Radford, deceased, as guardian of William T. Morris, by Joseph A. brown, as administrator of said Radford.
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Appeal from the Probate Court of Madison. In the matter of the final settlement of the accounts of Newton Radford, deceased, as guardian of William T. Morris, by Joseph A. brown, as administrator of said Radford. William T. Morris, the infant, was the only child of William Morris, whose widow married said Radford when the infant was only two or three years old ; and letters of guardianship were thereupon issued to said Radford on the 21st November, 1857. The record does not show when the guardian died, but letters of administration on his estate were granted to said Brown on the 15th January,…
1Opinion of the CourtStone, J.
Upon the final settlement of a guardian’s accounts, the previous annual or partial settlements shall be presumed to be correct, but may be impeached for fraud, or for any arithmetical or other error. — Code of 1876, § 2772. But, to raise these to the dignity of prima facie proof, they must be made in conformity to law. — 1 Brick. Dig. 971, § 809. Ex-parte statements, or [ex-parte] allowance of the accounts of an executor or administrator [or guardian], are unauthor- ' ized, and are nullities. — lb. 972, § 810. What is claimed as an annual settlement in this case, has scarcely any of the…
2Cases cited5 opinions
- Gunter v. WilliamsSupreme Court of Alabama · 1867
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Williams v. GunterSupreme Court of Alabama · 1856
- Ashley's Administratrix v. MartinSupreme Court of Alabama · 1874
- Key v. VaughnSupreme Court of Alabama · 1849
3Cited by3 opinions
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Bentley v. DaileySupreme Court of Alabama · 1888
- Hastings v. HuberSupreme Court of Alabama · 1941