Carroll v. Moore
Supreme Court of Alabama
Error to the Orphans’ Court of Sumter. Fhom the record it appears, that Moore was, on the 16th of June, 1S41, appointed administrator of the estate of Jacob Carroll, and executed a bond with Michael Carroll, John Boyd and Emanuel M. Walker, as sureties, and took upon himself the administration of the estate.
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Error to the Orphans’ Court of Sumter. Fhom the record it appears, that Moore was, on the 16th of June, 1S41, appointed administrator of the estate of Jacob Carroll, and executed a bond with Michael Carroll, John Boyd and Emanuel M. Walker, as sureties, and took upon himself the administration of the estate. On the 14th December, 1843, the Court revoked the letters of administration, upon the ground, that Moore had removed, without making settlement of his accounts, and appointed an administrator de bonis no?i. At March term, 1844, the record recites, that publication had been made, requiring…
1Opinion of the CourtOrmond, J.
— By the act of 1843, (Clay’s Dig. 230, § 47,). ■ the Judge of the Orphans’ Court is required to state an account from the best information in his power, when an executor or administrator shall have removed beyond the jurisdiction of the Court. In this case, the administrator having removed beyond the State, and being cited for final settlement, his sureties appeared and filed an account, with the accompanying vouchers, which the Court received, and set a day for final settlement. The sureties of the administrator being responsible for his administration of the estate, had the right to…
2Cases cited1 opinion
- Phillips v. ThompsonSupreme Court of Alabama · 1839
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- Wilson v. RandallSupreme Court of Alabama · 1860