Thomas v. Dumas
Supreme Court of Alabama
Appeal from the Probate Court of "Wilcox. lx tlie matter of tbe estate of "Wacle Ii. Dumas, deceased. The record shows that the administrator of the estate made a final settlement of his accounts on the 14th January, 1856 ; and that the court then rendered a decree against him, in favor of the widow and two other distrib-utees of the estate, for their respective portions of the balance found in his hands.
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Appeal from the Probate Court of "Wilcox. lx tlie matter of tbe estate of "Wacle Ii. Dumas, deceased. The record shows that the administrator of the estate made a final settlement of his accounts on the 14th January, 1856 ; and that the court then rendered a decree against him, in favor of the widow and two other distrib-utees of the estate, for their respective portions of the balance found in his hands. Afterwards (but at what particular time nowhere appears) the appellant, as the administrator of Mary Iiawkins, deceased, filed his petition in said court, alleging that his intestate was a…
1Opinion of the CourtWalker, J.
It is undoubtedly the law, that the omission to make the representatives of the distributees of the estate, who died after the death of the appellee’s testator, parties, rendered the decree on the final settlement of the estate erroneous. It is equally certain, that after the rendition of the decree, the representative of a deceased distributee may, on petition, be made a party, and may then revise the action of the probate judge in the rendition of the decree. — See the authorities cited on the brief of counsel. But in this case, the appellant cannot assign for error the decree of the…
2Cases cited6 opinions
- McCurry v. HooperSupreme Court of Alabama · 1848
- Roy v. SegristSupreme Court of Alabama · 1851
- Allen v. BradfordSupreme Court of Alabama · 1842
- Heirs of Hill v. Hill's ex'rsSupreme Court of Alabama · 1844
- Hood v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stanley v. BeckSupreme Court of Alabama · 1942
- In Re Estate of KoffelSupreme Court of Minnesota · 1928
- Beem v. KimberlyWisconsin Supreme Court · 1888
- McMullen v. BrazeltonSupreme Court of Alabama · 1886
- Edmondson v. JonesSupreme Court of Alabama · 1920