Legal Opinion

Henderson's Adm'r v. Henderson's Heirs

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 5 opinions

Appeal from tbe Probate Court of Macon. In tbe matter of Lemuel Henderson, administrator of tbe estate of John 0. Henderson, against tbe heirs and creditors of John C. Henderson, tbe probate judge being incompetent, tbe Register in Chancery presided, and tbe following proceedings were bad: Said administrator moved the court to proceed to audit and allow bis account as follows: “Lemuel Henderson, administrator of tbe estate of John C. Henderson, deceased, in account for final…

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Appeal from tbe Probate Court of Macon. In tbe matter of Lemuel Henderson, administrator of tbe estate of John 0. Henderson, against tbe heirs and creditors of John C. Henderson, tbe probate judge being incompetent, tbe Register in Chancery presided, and tbe following proceedings were bad: Said administrator moved the court to proceed to audit and allow bis account as follows: “Lemuel Henderson, administrator of tbe estate of John C. Henderson, deceased, in account for final settlement of said estate, under a decree of insolvency rendered June 10th, 1867, Administrator first reporting that be…

1Opinion of the CourtStone, J.

The case of DeJarnette v. DeJarnette, 41 Ala. 708, was conceded to be a hard case. Tet, because the trustee had commingled the trust funds with his own, so that the separate identity of the former could not be traced, he was held accountable for them as for a conversion, at the option of the beneficiary. That principle was fortified by a citation of authorities which we need not repeat here, — See, also, McLeroy v. Thompson, 42 Ala. 656. And it has been repeatedly held that if a trustee deposits trust funds in his own individual name, to his own individual credit, blended *585witb bis own private…

2Cases cited2 opinions

  1. De Jarnette v. De JarnetteSupreme Court of Alabama · 1868
  2. McElroy v. ThompsonSupreme Court of Alabama · 1868

3Cited by5 opinions

  1. Ellison v. MosesSupreme Court of Alabama · 1891
  2. Attorney General v. BedardMassachusetts Supreme Judicial Court · 1914
  3. Collins v. ClementsSupreme Court of Alabama · 1917
  4. Hooley v. GieveNew York Court of Common Pleas · 1878
  5. Matthews v. MauldinSupreme Court of Alabama · 1904

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