Abercrombie v. Skinner
Supreme Court of Alabama
Appeal from the Probate Court of Macon. In tbe matter of tbe final settlement of tbe accounts and vouchers of John Skinner, as administrator of tbe estate of David Skinner, deceased, made on tbe 8th day of July, 1867. As tbe bill of exceptions states, “E. H. Abercrombie, guardian ad litem for tbe minor heirs of tbe estate, moved tbe court to charge tbe administrator, in addition to tbe items already charged, tbe sum of $ — , as tbe amount collected by said administrator,…
Read the full summary
Appeal from the Probate Court of Macon. In tbe matter of tbe final settlement of tbe accounts and vouchers of John Skinner, as administrator of tbe estate of David Skinner, deceased, made on tbe 8th day of July, 1867. As tbe bill of exceptions states, “E. H. Abercrombie, guardian ad litem for tbe minor heirs of tbe estate, moved tbe court to charge tbe administrator, in addition to tbe items already charged, tbe sum of $ — , as tbe amount collected by said administrator, from tbe estate of Bedell, on a claim due said estate, and estate of Gibbs, and in support of said motion, introduced tbe…
1Opinion of the CourtByrd, J.
I. The evidence in this cause authorized the probate court to charge the administrator with the share to which the estate of Skinner was entitled of the money collected by the attorney. If an attorney collects money for a trustee, and he permits it to remain in the hands of the former for so long a time as was done in this case without any effort to collect it, the court should charge him with it. — Lomax's Ex'r., marg. pages 291 and 292.
H. As to the note taken in part payment of the judgment, it is not clear from the evidence that it has been collected, or that the administrator has made…
2Cases cited1 opinion
- Douthitt's Administrator v. DouthittSupreme Court of Alabama · 1840
3Cited by4 opinions
- Kaufman v. Kaufman's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1942
- In Re MildSupreme Court of New Jersey · 1957
- Murdock v. MurdockSupreme Court of Alabama · 1979
- Dorn v. ScheuerSupreme Court of New Jersey · 1957