Legal Opinion

Seals v. Weldon

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 5 opinions

Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. • J. W. Seals and others brought the bill in this case as the heirs and distributees of W. A. Weldon against D; R. Weldon as the administrator of the estate of the decedent.

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Appeal from the Chancery Court of Pike. Heard before the Hon. Jere N. Williams. • J. W. Seals and others brought the bill in this case as the heirs and distributees of W. A. Weldon against D; R. Weldon as the administrator of the estate of the decedent. The bill alleges that the said administrator filed his account and vouchers in the probate court for a final settlement and that December 9, 1895, was the day appointed for the settlement; that the complainants appeared on that day to contest the settlement and asked a continuance which was granted — the administrator consenting; that the…

1Opinion of the CourtSharpe, J.

— Tbis bill contains allegations apparently looking to the correction of errors had upon a final settlement of the defendant’s accounts in the probate court and to the impeachment of the validity of the decree evidencing such settlement.

It is shown that a decree of some character was rendered on the 2nd day of April, 1896, whereby it was made to appear that such a settlement was had on the 9th day of the previous December and it is also alleged that “there never has been a final settlement of said administration as required by law.”

If the bill be taken as averring a settlement, then the…

2Cases cited6 opinions

  1. Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
  2. Waldrom v. WaldromSupreme Court of Alabama · 1884
  3. Watts v. FrazerSupreme Court of Alabama · 1885
  4. Bowden v. PerdueSupreme Court of Alabama · 1877
  5. Boswell v. TownsendSupreme Court of Alabama · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. J. I. Case Threshing MacH. Co. v. McGuireSupreme Court of Alabama · 1918
  2. Rittenberry v. WhartonSupreme Court of Alabama · 1912
  3. Bailes v. BailesSupreme Court of Alabama · 1929
  4. Ex parte ElliottSupreme Court of Alabama · 1985
  5. Estate of McLaughlin, Superior Court of California, County of San Francisco1887

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