Garrett v. Garrett
Supreme Court of Alabama
Appeal from DeNalb Probate Court. Tried before lion. John N. Franklin. The proceedings in this cause were commenced by a petition filed by M. B. Garrett, praying that a citation be issued to Sarah Garrett, as the guardian of petitioner, requiring her to appear and file her accounts and vouchers for a final settlement of her guardianship.
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Appeal from DeNalb Probate Court. Tried before lion. John N. Franklin. The proceedings in this cause were commenced by a petition filed by M. B. Garrett, praying that a citation be issued to Sarah Garrett, as the guardian of petitioner, requiring her to appear and file her accounts and vouchers for a final settlement of her guardianship. The petition was filed on 16th June, 1881, and its averments show, that Sarah Garrett was appointed guardian •of 'the petitioner by said cpurt in 1854, and, in 1856 and 1857, she, as sueh guardian, received certain moneys belonging to the petitioner; that she…
1Opinion of the CourtSomerville, J.
It has been repeatedly decided by this •court that after the lapse of twenty yecsrs from the time when -an executor or administrator may be coerced to a final sttlement, the presumption of settlement and payment arises in his favor, rand operates as a positive bar to any proceeding citing him to a settlement, unless there has been a recognition or admission, within that period, of the administration, as a continuing, subsisting, and undischarged trust. — Greenlees, Adm'r v. Greenlees, 62 Ala. 330; Harrison v. Heflin, 54 Ala. 552, and authorities cited.
This rule of juesumptive evidence, based…
2Cases cited11 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Greenlees v. GreenleesSupreme Court of Alabama · 1878
- Goodwyn v. BaldwinSupreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Boshell v. KeithSupreme Court of Alabama · 1982
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Oxford v. EstesSupreme Court of Alabama · 1934
38 more not listed; retrieve them via the Exa API.