Legal Opinion

Brewer v. Ernest

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 4 opinions

Appeal from the Probate Court of Lowndes. Heard before the Hon. H. "W. Capply. The points reserved in this case arose on the final settlement by appellant, Willis Brewer, of his guardianship of the estate of the appellee, Sallie K. Ernest.

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Appeal from the Probate Court of Lowndes. Heard before the Hon. H. "W. Capply. The points reserved in this case arose on the final settlement by appellant, Willis Brewer, of his guardianship of the estate of the appellee, Sallie K. Ernest. The final settlement took place in July, 1886 ; and there had been a partial settlement in January, 1886. The errors assigned, to which exceptions were duly taken by appellant in the court below, relate to both these, settlements, and are as follows ; 1. “The court erred in decreeing the item of $43.10 (voucher 10 in the partial settlement of January,…

1Opinion of the CourtStone, C. J.

— We will confine our rulings in this case *439to the errors assigned. There are five special assignments, which we will take up in their order.

Brewer, as guardian of Miss Ernest, made an annual or partial settlement of his trust in January, 1886, at which time there was ascertained to be a balance of personal effects in his hands, amounting to a fraction over three thousand dollars ; all of which was reported to be out on loan, secured by mortgages. In filing his account for final settlement, the guardian debited himself with said balance of three thousand dollars, ascertained to be in his hands…

2Cases cited3 opinions

  1. Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
  2. Munter & Faber v. LinnSupreme Court of Alabama · 1878
  3. Munden v. BaileySupreme Court of Alabama · 1881

3Cited by4 opinions

  1. Randall v. WadsworthSupreme Court of Alabama · 1900
  2. Cunningham v. CunninghamSupreme Court of Alabama · 1927
  3. Hall v. EsslingerSupreme Court of Alabama · 1938
  4. Kelly v. WilsonSupreme Court of Alabama · 1937

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