McDonald v. Jacobs
Supreme Court of Alabama
Appeal from the Probate Court of Marshall. Heard before the Hon. Thos. A. Street. Iu the matter of the final settlement of the accounts and vouchers of James H. Moore, deceased, as administrator of the estate of Simon Jacobs, deceased, by Andrew J. McDonald, the personal representative of said Moore, on citation issued at the instance of Henry Gr. Jacobs, as administrator de bonis non of said Simon’s estate.
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Appeal from the Probate Court of Marshall. Heard before the Hon. Thos. A. Street. Iu the matter of the final settlement of the accounts and vouchers of James H. Moore, deceased, as administrator of the estate of Simon Jacobs, deceased, by Andrew J. McDonald, the personal representative of said Moore, on citation issued at the instance of Henry Gr. Jacobs, as administrator de bonis non of said Simon’s estate. Simon Jacobs died in January, 1864, and letters of administration on his estate were granted to said James H. Moore on the 16th of March, 1864. On the same day, the administrator filed a…
1Opinion of the CourtSomebyille, J.
— Tbe record of tbe proceedings in tbe Probate Court, pertaining to the' partial settlement of the administration of James H. Moore, deceased, upon the estate of Simon Jacobs, was clearly admissible in this case, which is but a completion of this settlement by the appellant, McDonald, who is the administrator of Moore’s estate, and, as such, bound by all the antecedent acts and admissions of his intestate. The purpose and tendency of this record evidence — which was but a history of Moore’s administration, as far as he had made it a matter.of record — was to fasten a liability upon his…
2Cases cited2 opinions
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Gaillard v. DukeSupreme Court of Alabama · 1877
3Cited by5 opinions
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Gardner v. GardnerNevada Supreme Court · 1896
- Russell v. McPhersonSupreme Court of Alabama · 1918
- First National Bank v. ChaffinSupreme Court of Alabama · 1897