Briarfield Iron Works Co. v. Foster
Supreme Court of Alabama
Appeal from Chancery Court of Marengo. Heard before Hon. A. W. Dillard. The appellee, Thomas J. Foster, as a special administrator of the estate of Edwin A. Glover, deceased, filed this bill on the 26th day of October, 1875, against the “Briarfield Iron "Works Company,” a domestic corporation, John F. Walton, F. S. Lyon, B. W. Whitfield, D. F. Prout, J. F. Griffin, and P. J. Glover, of Marengo county; William White, William B. and Bichard Inge, as executors of John Collins,…
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Appeal from Chancery Court of Marengo. Heard before Hon. A. W. Dillard. The appellee, Thomas J. Foster, as a special administrator of the estate of Edwin A. Glover, deceased, filed this bill on the 26th day of October, 1875, against the “Briarfield Iron "Works Company,” a domestic corporation, John F. Walton, F. S. Lyon, B. W. Whitfield, D. F. Prout, J. F. Griffin, and P. J. Glover, of Marengo county; William White, William B. and Bichard Inge, as executors of John Collins, deceased, W. H. Boss, all residents of Alabama; and Mrs. Amanda Sterling, of Texas, praying the appointment of .a…
1Opinion of the CourtManning, J.
According to tbe Bevised Code (§§ 1994, 1995,) the office of a special administrator is to collect and preserve the goods and chattels of the deceased “until letters testamentary or of administration have duly issued.” And he “has authority to collect . . . the debts of the deceased, and to secure and preserve such goods and chattels, at such expense as may be deemed reasonable by the probate court, and for such purposes may maintain suits as administrator.” These provisions are ample to authorize him to institute a suit in chancery, like the present, if the facts justify it, in order to…
2Cases cited3 opinions
- Baker v. Administrator of BackusIllinois Supreme Court · 1863
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Wetmore v. WinansNew York Court of Chancery · 1840
3Cited by25 opinions
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
- Wabash Railroad v. DykemanIndiana Supreme Court · 1892
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- C. E. Development Company v. KitchensSupreme Court of Alabama · 1972
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
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