Hearrin v. Savage
Supreme Court of Alabama
Error to the Orphans’ Court of Clarke. Tried before the Hon. Terrell Powers, Judge. In 1843, P. T. Harris qualified as executor of Thomas L. Starke, deceased, was succeeded in the administration by Bil-lups Gayle, who resigned in December 1845, and he by the defendant in error, who was appointed administrator de bonis non in January 1846, and upon whose representation the. estate was declared insolvent on the 14th December 1846, The plaintiff in error was then selected and…
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Error to the Orphans’ Court of Clarke. Tried before the Hon. Terrell Powers, Judge. In 1843, P. T. Harris qualified as executor of Thomas L. Starke, deceased, was succeeded in the administration by Bil-lups Gayle, who resigned in December 1845, and he by the defendant in error, who was appointed administrator de bonis non in January 1846, and upon whose representation the. estate was declared insolvent on the 14th December 1846, The plaintiff in error was then selected and qualified as administrator. Upon the final, settlement of his administration by the defendant in error, he produced in…
1Opinion of the CourtCollier, C. J.
When an executor or administrator shall be displaced, all money due to him in his representative *290character, by execution or otherwise, shall be paid to his successor. Clay’s Dig. 227, § 30. The act of February 1846, authorises the Orphans’ Court to render a decree upon final settlement with an executor or administrator who has resigned, died, or been removed, in favor of the administrator de bonis non or of the heirs or distributees, for any balance that may be found due. Clay’s Dig. 191, § 1; see also Skinner v. Frierson and Crow, 8 Ala. 915; Dunham v. Grant, 12 Ala. 105.— The cases cited…
2Cases cited6 opinions
- Harris v. MartinSupreme Court of Alabama · 1846
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Dunham v. GrantSupreme Court of Alabama · 1847
- Gayle v. ElliottSupreme Court of Alabama · 1846
- Skinner v. FriersonSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Taylor v. CrookSupreme Court of Alabama · 1902
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Bates v. VarySupreme Court of Alabama · 1867
4 more not listed; retrieve them via the Exa API.