Bryant v. Horn
Supreme Court of Alabama
Appeal from the Probate Court of Marengo. This was- a proceeding by petition to the probate court of Marengo, on the part of the appellants, to amend and revive a decree of said court, made at the May term, 1860 on a partial settlement of the estate of John Horn, deceased, by John A. C. Horn, the executor, (appellee in this court.) The petition was duly sworn to, and was filed on the 8th April, 1867. The facts of the case are sufficiently stated in the opinion of the court.
1Opinion of the CourtByrd, J.
1. It appears, from the record, that appellee, as executor, made a partial settlement of his administration of the estate of his testator, in the probate court at the May term, 1860; and there being an amount of pecuniary assets in the hands of the executor, as'shown in his account, the court rendered a decree distributing the same between certain distributees of the estate and legatees under the will. An amount was ascertained, by the decree, to be the share of Mrs. Bryan, one of the appellants and one of the distributees and legatees, who was then married to her present husband. But the…
2Cases cited4 opinions
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
- Hearne's Adm'x v. HarbisonSupreme Court of Alabama · 1846
- Sankey's Distributees v. Sankey's Ex'rsSupreme Court of Alabama · 1851
3Cited by3 opinions
- Andrada v. KelseyCalifornia Supreme Court · 1902
- Alexander v. BryanSupreme Court of the United States · 1884
- Staggers v. WashingtonSupreme Court of Alabama · 1876