Legal Opinion

McElroy v. Thompson

Supreme Court of Alabama

Decided June 15, 1868PublishedCited by 2 opinions

Appeal from the Probate Court of Walker. In the matter of the final settlement of the accounts and vouchers of Thomas Thompson, (appellee,) as administrator of the estate of J. H. McElroy, deceased, made on the 27th November, 1866; Wm. T. McElroy, a distributee, and F. A. Gamble, administrator de bonis non of the estate, contestants.

Read the full summary

Appeal from the Probate Court of Walker. In the matter of the final settlement of the accounts and vouchers of Thomas Thompson, (appellee,) as administrator of the estate of J. H. McElroy, deceased, made on the 27th November, 1866; Wm. T. McElroy, a distributee, and F. A. Gamble, administrator de bonis non of the estate, contestants. The administrator charged himself with $4,625 25, collected at different times, in Confederate money, on notes given for the purchase of property belonging to the estate; and credited himself with $3,503 00 in Confederate money, leaving a balance in his hands of…

1Opinion of the CourtByrd, J.

I. An administrator who mixes the trust funds with his own, and uses them in his business, must be held chargeable with the value of such funds at the time of the conversion, or with the profits made by such use, at the election of the parties beneficially interested. — DeJarnette v. DeJarnette, 41 Ala. 708.

The court should have charged the appellee upon the evidence set out in the bill of exceptions, with the value of the balance of the Confederate treasury-notes not disbursed or paid to the distributees, at the date of their conversion. Walls, &c. v. Grigsby, in manuscript, January term,…

2Cases cited1 opinion

  1. De Jarnette v. De JarnetteSupreme Court of Alabama · 1868

3Cited by2 opinions

  1. Matthews v. MauldinSupreme Court of Alabama · 1904
  2. Henderson's Adm'r v. Henderson's HeirsSupreme Court of Alabama · 1877

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API