Gerald v. Bunkley
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. This controversy arose on the final settlement of the estate of William D. Bunkley, deceased, of which his widow, now the wife of Pearly S. Gerald, was appointed administratrix, and of which she and Gordon Bunkley, an infant son of the deceased, were the sole distributees.
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Error to the Orphans’ Court of Montgomery. This controversy arose on the final settlement of the estate of William D. Bunkley, deceased, of which his widow, now the wife of Pearly S. Gerald, was appointed administratrix, and of which she and Gordon Bunkley, an infant son of the deceased, were the sole distributees. The facts of the case can be understood by reference to the opinion. 1. The general rule is that an administrator is bound to exercise such prudence and care as a judicious man would exercise in regard to his own affairs. But this rule is not imperative; it varies according to the…
1Opinion of the CourtDargan, C. J.
It is the duty of an administrator or other trustee to defend the trust estate from all unjust demands made against it, and he should employ the proper and reasonable means to make the defence effectual. As this is the duty of a trustee, it follows that the necessary and reasonable expenses incident to the litigation must be borne by the trust estate, and not by the trustee in his in dividual capacity. — Coopwood et al. v. Wallace, 12 Ala. 790; 15 Ala. 335. This position will not be denied, and the only question that can be made in regard to the expenses paid by Mrs. Gerald in prosecuting…
2Cases cited4 opinions
- Coopwood v. WallaceSupreme Court of Alabama · 1848
- Karr's Administrator v. KarrCourt of Appeals of Kentucky · 1837
- Dean v. Rathbone's Adm'rSupreme Court of Alabama · 1849
- Green v. Distributees of FaganSupreme Court of Alabama · 1849
3Cited by11 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Waring v. LewisSupreme Court of Alabama · 1875
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- Hays v. CockrellSupreme Court of Alabama · 1867
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
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