King v. Smith
Supreme Court of Alabama
Error to the Chancery Court of the I8th District. Before the Hon. W. W. Mason, Chancellor. The bill in this case was filed on the 5th April, 1844, by the plaintiffs in error, as the administrators de bonis bon, with the will annexed, of Jeremiah Smith, deceased, against the defendants in error, the first of whom, Smith, was executor of said will, and the other a security on his bond.
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Error to the Chancery Court of the I8th District. Before the Hon. W. W. Mason, Chancellor. The bill in this case was filed on the 5th April, 1844, by the plaintiffs in error, as the administrators de bonis bon, with the will annexed, of Jeremiah Smith, deceased, against the defendants in error, the first of whom, Smith, was executor of said will, and the other a security on his bond. It alledges that said Smith qualified as executor in 1834, took possession of the assets to the value of about $16,000, and from year to year up to 1839, received large profits from the same: that he conducted…
1Opinion of the CourtChilton, J.
It is perfectly manifest that the complainants below were not entitled to a decree. No statute was in existence at the time of the filing of the bill, authorixing them to have an account of the assets, which were wasted, embezzled, or misapplied by the administrator in chief. The administrator de bonis non, as the title of his office implies, can only recover such property of a personal character be* *269longing to the decedent, as remains unadministered. So in Chamberlain’s adm’r v. Bates’s adm’r, 2 Porter’s Rep. 550, which was afterwards affirmed in Moore v. Armstrong, 9 Porter, 704, it was…
2Cases cited5 opinions
- Moore v. ArmstrongSupreme Court of Alabama · 1839
- Dement v. Adm'rs of BoggessSupreme Court of Alabama · 1848
- Willis v. Willis' Adm'rSupreme Court of Alabama · 1846
- Nolly v. WilkinsSupreme Court of Alabama · 1847
- Price v. SimmonsSupreme Court of Alabama · 1848
3Cited by17 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Gould v. HayesSupreme Court of Alabama · 1851
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Moore v. LesueurSupreme Court of Alabama · 1858
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