McKenzie v. Matthews
Supreme Court of Alabama
Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Mamie Ware Matthews and others against ,T. D. McKenzie, administrator. From the decree, the administrator appeals.
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Appeal from Coosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Mamie Ware Matthews and others against ,T. D. McKenzie, administrator. From the decree, the administrator appeals. Where the creditors and the heirs are not injured they have no right to complain. — Patapsco Guano Go. v. Ballard, 107 Ala. 710. After the court has acquired jurisdiction of the estate it will do equity between all parties concerned. — Mc('onico r,. Gannon, 25 Ala. 462. The report of the register is void because Mamie Ware Matthews had died prior to that time, and her estate was not represented.—…
1Opinion of the CourtDenson, J.
— This is a bill by the distributees of an estate to remove the administration from the probate court into the chancery court and for a final settlement of the estate in the chancery court. The chancery court assumed jurisdiction and directed the administrator to file a report shoAving the condition of the estate. He filed a report showing that the estate was insolvent. A reference was held by the register, under a decretal order made by the chancellor, and he reportd that the estate AVas solvent. This report Avas confirmed, the administrator was ordered to file his accounts and vouchers for'…
2Cases cited11 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Smith v. GillamSupreme Court of Alabama · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brannan v. SherrySupreme Court of Alabama · 1916
- O'Kelley v. ClarkSupreme Court of Alabama · 1913
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1914
- Rives v. CabelSupreme Court of Alabama · 1925
- Brice v. WalkerCourt of Appeals for the D.C. Circuit · 1941
6 more not listed; retrieve them via the Exa API.