Byrd v. Jones
Supreme Court of Alabama
Appeal from 'Wilcox Probate Court. Heard before Hon. Jas. T. Beck. . Tbe appellants in tbis case were tbe administrators of tbe estate of Stephen Byrd, deceased. They were removed and B.' C. Jones, appellee, was appointed administrator cle bonis non of tbe said estate. Tbe questions raised and presented in tbis case are raised on tbe application by appellants for final settlement of their administration of tbe estate of said Stephen Byrd, deceased.
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Appeal from 'Wilcox Probate Court. Heard before Hon. Jas. T. Beck. . Tbe appellants in tbis case were tbe administrators of tbe estate of Stephen Byrd, deceased. They were removed and B.' C. Jones, appellee, was appointed administrator cle bonis non of tbe said estate. Tbe questions raised and presented in tbis case are raised on tbe application by appellants for final settlement of their administration of tbe estate of said Stephen Byrd, deceased. Tbe appellee, Isaac Owens, as creditor of tbe said estate contested tbe said final settlement by tbe appellants, and moved tbe court to strike…
1Opinion of the Court
SOMERYILLE, J. —
1. While a creditor of a solvent estate is not a party, either necessary or proper, to a proceeding in the Probate Court having in view the settlement of such estate, he may nevertheless become a party by appearing and inaugurating a contest of the account of the personal representative under the authority of section 2143 of the present Code (1880). — Code (1870), § 2519. This section authorizes “any person interested” to appear and contest any item of the account, to examine witnesses and introduce any legal evidence in support of his contest. That a creditor may often be “a…
2Cases cited17 opinions
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Bates v. VarySupreme Court of Alabama · 1867
- Goodgame v. Cole & Co.Supreme Court of Alabama · 1847
- Shelton v. CarpenterSupreme Court of Alabama · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rensford v. Magnus & Co.Supreme Court of Alabama · 1907
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Murphy v. PipkinSupreme Court of Alabama · 1914
- Hullett v. HoodSupreme Court of Alabama · 1895
- Naftel v. OsbornSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.