Walker v. Johnson
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. 3L McSpadden. The bill in this case was filed on the 18th March, 1887, by Mrs. Elizabeth K. Johnson, against L. P. Walker, both individually and as executor of the last will and testament of his deceased mother, Mrs. Eliza D. Walker, and against several other persons, legatees under the will.
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Appeal from the Chancery Court of Madison. Heard before the Hon. S. 3L McSpadden. The bill in this case was filed on the 18th March, 1887, by Mrs. Elizabeth K. Johnson, against L. P. Walker, both individually and as executor of the last will and testament of his deceased mother, Mrs. Eliza D. Walker, and against several other persons, legatees under the will. Mrs. Walker died, in said county of Madison, on the 26th November, 1885, and her will was there duly admitted to probate, letters testamentary being granted on the 16th December, 1885, to said L. P. Walker, who was also residuary legatee…
1Opinion of the CourtClopton, J.
— The bill, one of the purposes of which is to recover a pecuniary legacy, was filed by appellee before the expiration of eighteen months after the grant of letters testamentary. A demurrer was interposed, the only ground-assigned being that the bill is prematurely filed. The manifest policy and design of the statutory system, relating to the administration of the estates of deceased persons, are to allow the personal representative eighteen months within which to ascertain the condition and settle the affairs of the estate, and to be prepared to apply the residue, after paying the debts,…
2Cases cited4 opinions
- Randle v. CarterSupreme Court of Alabama · 1878
- Pearson v. DarringtonSupreme Court of Alabama · 1850
- Brewer v. MorganSupreme Court of Alabama · 1848
- Horton v. AverettSupreme Court of Alabama · 1852