Watson v. McClanahan
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Shelby. The questions now presented to this court arose upon the final settlement of the accounts of the defendant with the orphans’ court, and may be thus stated: 1. The intestate toade and delivered to the defendant a writing in the following terms.
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Writ of Error to the Orphans’ Court of Shelby. The questions now presented to this court arose upon the final settlement of the accounts of the defendant with the orphans’ court, and may be thus stated: 1. The intestate toade and delivered to the defendant a writing in the following terms. “ This day received from John M. McClanahan, two hundred dollars in cash, which I am to pay, if convenient, during my natural life, if not, I hereby on the death of myself, and on the death of my brother John, direct my executors, heirs or administrators, to pay the said John M. Mc-Clanahan, his heirs or…
1Opinion of the CourtCollier, C. J.
In Powell, et al. v. Powell, 10 Ala. R. *61900, it is said, “the allowance of compensation to executors and administrators to a reasonable extent, is warranted by constant practice, and it ought not to be refused, except in cases of wilful default or gross negligence, by which loss to the estate has been the consequence. Nothing of that kind is made to appear in this case, and therefore commissions were properly allowed.” In Steele v. Knox, Id. 608, it was held that objections to the account filed by an administrator, may be made at the final settlement since the passage of the act of 1843; and “it…
2Cases cited2 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Thompson v. JonesSupreme Court of Alabama · 1828
3Cited by3 opinions
- Bondurant v. Thompson's DistributeesSupreme Court of Alabama · 1849
- Scheuer, Wise & Co. v. New York Life Ins. Co.Supreme Court of Alabama · 1919
- O'Neil v. ClevelandSupreme Court of New Jersey · 1878