Bailey v. Mundin
Supreme Court of Alabama
Appeal from Chancery Court of Perry. Heard before Hon. Charles Turnee. The opinion states the case, The bill in this case avers special equities in the administrator of which the probate court could not take cognizance, and they show conclusively that the Chancery Court is the only forum where complete justice can be obtained.
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Appeal from Chancery Court of Perry. Heard before Hon. Charles Turnee. The opinion states the case, The bill in this case avers special equities in the administrator of which the probate court could not take cognizance, and they show conclusively that the Chancery Court is the only forum where complete justice can be obtained. The Code expressly makes the estate liable for the costs of administration. — B. C. § 1888, 2060-64. The disbursements of the administrator, in the course of administration, have exceeded his receipts, and he can only obtain relief in chancery. — 34 Ala. 565; 16 Ala.…
1Opinion of the CourtManning, J.
Appellant, Bailey, in 1869, became administrator of Needham H. Mundin, and in 1871 had paid all his debts, from the crops and by sale of some perishable chattels. In the latter year, he sold the remaining personal property. Mundin left a widow, Nancy B., and two sons, William P. and Walter C. — the sons being minors — all of whom were defendants in this suit below. By their request and solicitations, and to save the expense of a regular guardianship for the minors, Bailey, being administrator, consented to act the part of guardian also for them, and continued to do so until lately. He…
2Cited by2 opinions
- Johnson v. PorterfieldSupreme Court of Alabama · 1907
- Dickinson v. ConniffSupreme Court of Alabama · 1880