Brannan v. Oliver
Supreme Court of Alabama
D yonisius Oliver, a minor, by his next friend and guardian ad litem, Gorge Bowie, filed his bill in equity in Monroe Circuit Court, in April; 1823, against Mary Ann Brannan, James D. Godbold, James Wade, and Edward Stedham. To this bill Mrs Brannan, Wade and Sted ham, filed their answers.
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D yonisius Oliver, a minor, by his next friend and guardian ad litem, Gorge Bowie, filed his bill in equity in Monroe Circuit Court, in April; 1823, against Mary Ann Brannan, James D. Godbold, James Wade, and Edward Stedham. To this bill Mrs Brannan, Wade and Sted ham, filed their answers. By the bill, answers, exhibits and admissions of the parties, it appeared, that Seaborn Oliver, the father of Dyonisius, the complainant, resided in South Carolina, and died there intestate in 1813, leaving some negroes and other property; that he was but little indebted; that Dyonisius was his only child,…
1Opinion of the Court
By JUDGE COLLIER.
This cause presents for the decision of the Court the following questions: 1st. Can an administratrix become a purchaser at a sale, made by hei’self, of her intestate’s estate? 2d. Will a sale made by an administratrix of her intestate’s estate, in another state, without an order of Court, be considered-regular, when it does not appear what is the law of that State?
An administrator is considered as a trustee for the benefit *49of the creditors aud distributees of his intestate’s estate; and, upon that hypothesis. I proceed to consider this case. The weight of English authority…
2Cases cited1 opinion
- Sayward v. CarlsonWashington Supreme Court · 1890
3Cited by19 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Calloway v. GilmerSupreme Court of Alabama · 1860
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- McLane v. SpenceSupreme Court of Alabama · 1844
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