Sankey's Distributees v. Sankey's Ex'rs
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. This was an application to the Orphans’ Court of Montgomery, for the final settlement of the estate of John S. Sankey, deceased. It appears that in January 1843, at the instance of the distributees and legatees, the executors were cited to appearand make distribution of the estate, according to the provisions of the will of said decedent.
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Error to the Orphans’ Court of Montgomery. This was an application to the Orphans’ Court of Montgomery, for the final settlement of the estate of John S. Sankey, deceased. It appears that in January 1843, at the instance of the distributees and legatees, the executors were cited to appearand make distribution of the estate, according to the provisions of the will of said decedent. In October 1843, a final decree was rendered by the Orphans’ Court, which, however, was reversed by the Supreme Court and the cause remanded. Another decree was rendered in July 1844, which was likewise reversed,…
1Opinion of the CourtDargan, C. J.
We think the court correctly refused to re-examine the accounts of the executors that had been filed for settlement, previous to the decree rendered on the first of November 1645. These accounts had been adjudicated and settled by that decree, and until it is reversed, it is conclusive of their correctness. It is true, that if this decree was not final, but could be considered in the nature of an annual settlement made by the executors in the Orphans’ Court, then the accounts upon which it is based could be impeached, and the decree would only be prima facie evidence of their correctness. —…
2Cases cited2 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Willis v. Willis' DistributeesSupreme Court of Alabama · 1849
3Cited by3 opinions
- Chappell v. Doe ex dem. WilliamsonSupreme Court of Alabama · 1873
- Bryant v. HornSupreme Court of Alabama · 1868
- Schulhoefer v. FultonSupreme Court of Alabama · 1919