May v. Green
Supreme Court of Alabama
Ax'pbal from Cherokee Chancery Court. Heard before Hon. N. S. GRAHAM. The bill in this cause was filed on 19th August, 1879, by Jonah Green and others, “heirs and devisees” of Hudson Kirk, who died testate on 8th December, 1858, against Samuel B,. May, as the administrator of the estate of the said Kirk, and the sureties on his administration bond, and others, for the purpose of removing the administration of said estate from the probate court into the chancery court, and of…
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Ax'pbal from Cherokee Chancery Court. Heard before Hon. N. S. GRAHAM. The bill in this cause was filed on 19th August, 1879, by Jonah Green and others, “heirs and devisees” of Hudson Kirk, who died testate on 8th December, 1858, against Samuel B,. May, as the administrator of the estate of the said Kirk, and the sureties on his administration bond, and others, for the purpose of removing the administration of said estate from the probate court into the chancery court, and of there finally settling the same. On the 21st April, 1880, on a submission of the cause on the bill, the answers of…
1Opinion of the CourtSomeb.yille, J.
The decree rendered by the chancellor in this cause, on the 21st April, 1880, is obviously a final decree in every essential particular. It shows that the cause was submitted for disposition by final decree, that the court assumed jurisdiction of the estate of the testator, as prayed by the bill, ordered the removal of its settlement from the probate to the chancery court, referred the taking of the account to the register, and laid down the rules by which the administrator was to *166be governed in making a statement of his account with the estate and with the distributees. This was a settlement…
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