Jenkins' v. Jenkins
Supreme Court of Alabama
Appeal from the Probate Court of Talladega. In the matter of the estate of Wm. Jenkins, deceased, on the petition of the widow, who had dissented from the will, for her distributive share of the personal property. The only matter assigned as error in this court is “ the refusal of the court below to allow the appellant [the executor] commissions, as shown in the bill of exceptions.”
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Appeal from the Probate Court of Talladega. In the matter of the estate of Wm. Jenkins, deceased, on the petition of the widow, who had dissented from the will, for her distributive share of the personal property. The only matter assigned as error in this court is “ the refusal of the court below to allow the appellant [the executor] commissions, as shown in the bill of exceptions.” The ruling of the court below is thus stated in the appellant’s bill of exceptions: “ The executor moved the court to allow him two-and-a-half per cent, commissions for receiving, and the same per cent, for…
1Opinion of the Court
RICE, C. J.—
When the distributive share of a widow embraces slaves that have not been sold, as well as other property, the executor or administrator is not entitled to commissions on the whole of it. He is not entitled to commissions on slaves distributed among the distributees. Claycomb v. Claycomb, 10 Gratt. 589; Wilson v. Wilson, 30 Ala. 670 ; Shepard v. Parker, 13 Ired. 103 ; Potter v. Stone, 2 Hawks’ Rep. 30; Newberry v. Newberry, 28 Ala. R. 691; Stong v. Wilkson, 14 Missouri Rep. 121; Gordon v. West, 8 New Hamp. R. 444.
That principle would have been violated by granting the motion of…
2Cases cited1 opinion
- Wilson's Heirs v. Wilson's Adm'rSupreme Court of Alabama · 1857
3Cited by1 opinion
- McCollum v. TownsSupreme Court of Alabama · 1983