Ward v. Yonge
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J; McCaleb Wiley. John Ward was appointed administrator of the estate of one Pitts, in the year 1859, gave bond with the appellants as his sureties, and administered said estate.
Read the full summary
Appeal from Circuit Court of Henry. Tried before Hon. J; McCaleb Wiley. John Ward was appointed administrator of the estate of one Pitts, in the year 1859, gave bond with the appellants as his sureties, and administered said estate. On the final settlement in the probate court, in February, 1861, there remained in the hands of the administrator for distribution, amongst those entitled thereto, the sum of $3,142, and proper decrees were thereupon rendered against the administrator, in favor of each of the distributees, among whom was Jane Williamson, appellant’s intestate. The decree in favor…
1Opinion of the CourtB. F. Saffold, J.
The appellants were sued as sureties upon the bond given by John Ward as the administrator of the estate of David Pitts, deceased. The complaint alleges that the plaintiff, Henry A. Yonge, as administrator of Jane Williamson, claims to recover of the defendants the amount of a decree rendered by the probate court on the final settlement of Pitts’ estate, against the administrator, in favor of Jane Williamson. It avers that the said administrator has neglected and refused to pay the sum of money, although assets more than sufficient to pay the debts of the estate and the distributive share…
2Cases cited3 opinions
- English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
- Dean v. PortisSupreme Court of Alabama · 1847
- Miller v. GeeSupreme Court of Alabama · 1842
3Cited by3 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Rives v. ElinnSupreme Court of Alabama · 1872
- Stakely v. Ex Com. of Foreign Missions of Presbyterian ChurchSupreme Court of Alabama · 1905