Puryear v. Puryear's Distributees
Supreme Court of Alabama
Appeal from the Probate Court of Monroe. IN matter of the final settlement and distribution of the estate of Richard H. Puryear, deceased, which was duly declared insolvent on the 29th October, 1855. It appeared on said final settlement, at the December term, 1858, that there remained in the hands of the administrator, after paying in full all the claims against the estate which had been allowed by the court, a surplus of nearly nine thousand dollars.
Read the full summary
Appeal from the Probate Court of Monroe. IN matter of the final settlement and distribution of the estate of Richard H. Puryear, deceased, which was duly declared insolvent on the 29th October, 1855. It appeared on said final settlement, at the December term, 1858, that there remained in the hands of the administrator, after paying in full all the claims against the estate which had been allowed by the court, a surplus of nearly nine thousand dollars. Thereupon, the children and dis-tributees of the intestate, by their guardian ad litem, moved the court to distribute this balance among them;…
1Opinion of the CourtStone, J.
In Murdock v. Rousseau’s Adm’r, 32 Ala. 611, we construed section 1847 of the Code, and held that a failure to file a claim against an insolvent estate, within nine months after the declaration of insolvency, completely destroyed such claim as a legal demand against the estate. "We reluctantly feel constrained to adhere to that opinion, for the following reasons:
1. The imperative language of the statute;
2. The fact that the administrator is alone authorized to pay debts of the estate; that he alone is entitled to control and administer the assets; that the bar, when it attaches, is absolute,…
2Cases cited3 opinions
- People v. WhiteIllinois Supreme Court · 1849
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
3Cited by6 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Thames v. HerbertSupreme Court of Alabama · 1878
- McCuan v. TurrentineSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.