Administrators of May v. May
Supreme Court of Alabama
Error from Greene County Court. On the final settlement of the estate of John May, deceased, in the Orphans’ Ceurt of Greene county, Rebecca May, the defendant in error, had become entitled under an order of distribution, to a certain sum of money, as her distributive share of said estate. At her instance a scire facias issued against the administrators, calling upon them to show cause why she should not have execution for the same.
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Error from Greene County Court. On the final settlement of the estate of John May, deceased, in the Orphans’ Ceurt of Greene county, Rebecca May, the defendant in error, had become entitled under an order of distribution, to a certain sum of money, as her distributive share of said estate. At her instance a scire facias issued against the administrators, calling upon them to show cause why she should not have execution for the same. The defendants, in the court below, showed for cause, that the plaintiff below had been paid in full of her demand, by the transfer of a certain claim which they…
1Opinion of the Court
By Mr. Justice .Saffold.
On the settlement of the estate of John May, deceased, in the Orphans’ Court of Greene county, it was ordered that an ascertained sum of money should be paid by the administrators to Rebecca May, as the full amount of her distributive ■ ( share of said estate. At a subsequent term'of the said court, it was also ordered, that a scire facias issue, at the instance of the said distributee, against the administrators, to show cause why she should not have execution against them for said share, which issued accordingly. Issue having been taken on a plea of payment and…
2Cited by1 opinion
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