Wills & Hobbs v. Rand's Adm'rs
Supreme Court of Alabama
Appeal from the Brobate Court of Dallas» In the matter of the estate of Walter E. Eand, deceased, on the trial of an issue of insolvency vel non, between the administrators and Wills & Hobbs, contesting creditors. The intestate died in June, 1864. Letters of administration on his estate were granted by said probate court, on the 14th November, 1864, to his widow, Mrs. Sarah C. Eand, who, in November, 1865, married James C. Taylor.
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Appeal from the Brobate Court of Dallas» In the matter of the estate of Walter E. Eand, deceased, on the trial of an issue of insolvency vel non, between the administrators and Wills & Hobbs, contesting creditors. The intestate died in June, 1864. Letters of administration on his estate were granted by said probate court, on the 14th November, 1864, to his widow, Mrs. Sarah C. Eand, who, in November, 1865, married James C. Taylor. On the 12th February, 1866, said Taylor and wife, as administrator and administratrix, reported the estate insolvent, and filed with their report schedules showing…
1Opinion of the CourtJudge, J.
A claim against the estate of the decedent, for ninety thousand dollars, in favor of Bender & Waller, had been presented to the administrators, and included in their list of claims against the estate. The contesting creditors moved the court to reject this claim, on the ground of its invalidity as a charge against the estate; which motion was granted by the court. Subsequently, and after the issue as to the solvency or insolvency of the estate had been argued and submitted, but before any decision had been rendered, Bender & Waller, who were not contestants, moved the court for a re-hearing…
2Cases cited4 opinions
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Donnell v. JonesSupreme Court of Alabama · 1850
- Ward v. Cameron's Adm'rsSupreme Court of Alabama · 1861
- Winter v. PhelanSupreme Court of Alabama · 1855
3Cited by1 opinion
- State v. DonaldsonSupreme Court of Alabama · 1923