Ashley's Dis. v. Ashley's Adm'r
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. Before the Hon. Adam C. Felder. ■ The facts appear in the opinion of. the court. 1. It is admitted, that by our decisions, the annual-returns of an administrator may be corrected on a final settlement of the estate, and such a decree be rendered, as will be proper upon a view of all the facts.
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Error to the Orphans’ Court of Montgomery. Before the Hon. Adam C. Felder. ■ The facts appear in the opinion of. the court. 1. It is admitted, that by our decisions, the annual-returns of an administrator may be corrected on a final settlement of the estate, and such a decree be rendered, as will be proper upon a view of all the facts. Willis’s adm’r v. Willis’s heirs, 9 Ala. 335.; Brazeal’s adm’r v. Brazeal’s dis. ib. 496; Cunningham v. Pool, etal. ib. 620; Smith’s heirs v. Smith’s adm’r, 13 ib. 329. But 'where items have been passed on, by the orphans’ court, sech an adjudication of them,…
1Opinion of the CourtDargan, J.
On the 4th of January, 1837, William Ashley was appointed administrator of the estate of James Ashley, deceased, by the orphans’ court of Montgomery. He returned an inventory of the estate, and account of sales]: he also petitioned the court, that commissioners be appointed to divide the estate, amongst the children, and widow of the decedent, and commissioner’s were appointed by the order of the court. On the first of November, he filed his accounts in the orphans’ court, which showed, that he had in his hands, twenty six hundred and ninety six dollars eighty four cents. He then tendered his…
2Cases cited1 opinion
- Patterson v. Officers of the Circuit CourtSupreme Court of Alabama · 1847
3Cited by2 opinions
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- Capell v. LandanoSupreme Court of Alabama · 1859