Kelly's Adm'r v. Kelly's Distributees
Supreme Court of Alabama
Writ of Error to the Orphans’ Oourt of Montgomery. The plaintiff in error filed his accounts and vouchers, as administrator, “ which were examined and ordered to be filed for the examination of all concerned,” and publication ordered as required by law.
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Writ of Error to the Orphans’ Oourt of Montgomery. The plaintiff in error filed his accounts and vouchers, as administrator, “ which were examined and ordered to be filed for the examination of all concerned,” and publication ordered as required by law. Afterwards, the plaintiff moved to amend his return, and inventory previously filed, so as to shpw, that no goods or chattels of the intestate subject to administration or distribution had come to his hands; whereupon it was ordered ' that the amendment be allowed, if the truth of, the suggestion be shown; that an issue be made up to try the…
1Opinion of the CourtCollier, C. J.
We need not inquire whether the motion by the plaintiff in error to amend the inventory he had returned, should have been allowed; the questions arising upon the special verdict are — 1st. Is the administrator entitled to the personalty, which belonged to his intestate, at the time of her death, and unadministered by his predecessor ? 2d. Is the property in question subject to distribution according to the statutes which apply to intestacies ?
It is enacted by the act of 1806, that if a person die intestate, or the executors- named in the will, neglect or refuse to act, &c., administration of…
2Cases cited1 opinion
- Coons v. Nall's HeirsCourt of Appeals of Kentucky · 1823
3Cited by8 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Allison v. LittleSupreme Court of Alabama · 1888
- Huddleston v. HueySupreme Court of Alabama · 1882
- Wood v. CosbySupreme Court of Alabama · 1884
- Hamner v. United StatesUnited States Court of Claims · 1877
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