Ross v. Ross
Supreme Court of Alabama
Error to the Probate Court of Randolph. It appears from, the record, that the estate of Andrew Burnham, deceased, had been duly declared insolvent by the Orphans’ Court of Randolph, in December, 1849, and that Frederick Ross was afterwards appointed administrator de bonis non.
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Error to the Probate Court of Randolph. It appears from, the record, that the estate of Andrew Burnham, deceased, had been duly declared insolvent by the Orphans’ Court of Randolph, in December, 1849, and that Frederick Ross was afterwards appointed administrator de bonis non. On the 9th day of September, 1851, which was the last day allowed by law for filing objections in writing to the allowance of any claim against the estate, James S. Pearson, a creditor of the estate, presented himself at the office of the Probate Judge, and demanded an inspection of the claims on file against the…
1Opinion of the CourtPhelan, J.
Tbe objection to tbe claim of Ross, because it was not on file at tbe time Pearson called to examine it, was properly overruled. Tbe claim bad been regularly filed, supported by affidavit, but tbe Probate Judge bad given permission to Ross to withdraw tbe claim. By mistake both note *109and affidavit were taken from tbe office. The claim having been once regularly filed in time, secured to it all the advantage that the law gives to that act. It was the duty of the judge, to have kept a list or docket of claims for the inspection of the creditors, but if he does not do so, and permits a claim to…
2Cases cited1 opinion
- Lowther v. ChappellSupreme Court of Alabama · 1845
3Cited by16 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Smith v. StateSupreme Court of Alabama · 1889
- Sutherlin v. RobertsOregon Supreme Court · 1873
- Russell v. Erwin's Ad'mrSupreme Court of Alabama · 1867
- Turner v. StateAlabama Court of Appeals · 1965
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