Steele v. Weaver's Executors
Supreme Court of Alabama
Error to tbe Court of Probate of Madison. Fleming Jordan, executor, and Martha H. Weaver, executrix of George I. Weaver, deceased, filed their report of the insolvency of their testator’s estate, in the office of the Clerk of the County Court of Madison, on the 1st November, 1841. The report is signed by Jordan only, and verified by his affidavit.
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Error to tbe Court of Probate of Madison. Fleming Jordan, executor, and Martha H. Weaver, executrix of George I. Weaver, deceased, filed their report of the insolvency of their testator’s estate, in the office of the Clerk of the County Court of Madison, on the 1st November, 1841. The report is signed by Jordan only, and verified by his affidavit. It was not recorded at the time, but was only filed among the papers of the cause; nor was any written memorandum made on it to show when it was filed, or that it had been filed at all. On the 9th November, 1841, on the petition of the executor,…
1Opinion of the CourtPhelan, J.
This estate was reported insolvent by tbe executors on tbe 1st November, 1841, and that gave tbe judge of tbe Orphans’ Court jurisdiction over it, as an insolvent estate, Clarke v. West, 5 Ala. 117. Tbe objection that only one of tbe executors signed tbe report, we do not consider fatal to its sufficiency. It was in tbe name of both, and verified by tbe oath of one. Tbe judge of tbe Orphans’ Court treated it as a sufficient report, by ordering a sale of tbe lands of tbe deceased. A new bond was required afterwards to be given, and was given by both of tbe executors, which, if necessary, we…
2Cases cited4 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Steele v. KnoxSupreme Court of Alabama · 1846
- Martin v. BaldwinSupreme Court of Alabama · 1845
- Boggs' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1847
3Cited by3 opinions
- Frost v. WolfTexas Supreme Court · 1890
- Lee v. LeachmanSupreme Court of Alabama · 1853
- Shadden v. Sterling's Admr'sSupreme Court of Alabama · 1853