Knight v. Haynie
Supreme Court of Alabama
Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams, Jr, In the matter of the final settlement of the accounts of Thomas A. Knight, as one of the executors of the last will and testament of Monroe P. Watts, deceased, after his resignation.
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Appeal from the Probate Court of Mobile. Tried before the Hon. Price Williams, Jr, In the matter of the final settlement of the accounts of Thomas A. Knight, as one of the executors of the last will and testament of Monroe P. Watts, deceased, after his resignation. The only matter assigned as error is the ruling and decree of the Probate Court in charging said executor with $2,800, párt of a sum of $5,000 which he had paid over to his co-executor, J. P. Bouton, since deceased, who failed to account for it, and died insolvent. The material facts of the case, as shown by the evidence set out in…
1Opinion of the Court
STONE, J.-
— -Monroe P. Watts died, leaving a will, and therein appointed three executors, Wragg, Routon, and Knight, and relieved them from giving bond as such executors. The estate was considerable. Each executor qualified on the same day, but by separate letters of appointment. The estate consisted largely of what in mercantile phrase are called “bills receivable.” Among the dues was a demand on one Yeldell, of about five thousand dollars. The three executors, by agreement among themselves, divided the assets, each taking a part. Wragg took much the larger share, and, among others, the…
2Cases cited17 opinions
- Lee v. LeeSupreme Court of Alabama · 1880
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Case of M'Nair's AppealSupreme Court of Pennsylvania · 1833
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
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3Cited by4 opinions
- Anderson v. NorthropSupreme Court of Florida · 1892
- Fidelity & Deposit Co. v. TorianSupreme Court of Alabama · 1930
- Fleming v. WalkerSupreme Court of Alabama · 1907
- Langley v. LangleySupreme Court of Alabama · 1898