Legal Opinion

White v. Thompson

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 2 opinions

Appeal from the Probate Court of-Jefferson. Héard before the Hon. J. P. Stiles. The proceedings in this case were had upon a partial settlement made by H. K. White, as administrator de boms non of Samuel Thompson, deceased. On this settlement, White, as administrator de bonis non of said estate, asked to be allowed a credit for money he had paid to one Bobert Charlson.

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Appeal from the Probate Court of-Jefferson. Héard before the Hon. J. P. Stiles. The proceedings in this case were had upon a partial settlement made by H. K. White, as administrator de boms non of Samuel Thompson, deceased. On this settlement, White, as administrator de bonis non of said estate, asked to be allowed a credit for money he had paid to one Bobert Charlson. The allowance of this credit was resisted by the appellees as heirs of Samuel Thompson, deceased; one of the grounds of said resistance being that Samuel Thompson, deceased, was never, in fact, indebted to the said Bobert…

1Opinion of the CourtMcCLELLAN, C. J.

-The only question in this case is whether a creditor of the estate of a decedent who has been paid by the administrator may be called by the latter on his settlement in the probate court to prove the alleged debt to the end that the administrator be allowed a credit against the estate for its payment. We d.eem it unnecessary to discuss this question further than to say that such creditor is within the spirit of the statutory exception to the statutory rule of competency which dedares a transferor incompetent to prove for the transferee a claim against the estate of a dead man, that our own…

2Cases cited2 opinions

  1. Louis's Administrator v. EastonSupreme Court of Alabama · 1874
  2. Hullett v. HoodSupreme Court of Alabama · 1895

3Cited by2 opinions

  1. Guin v. GuinSupreme Court of Alabama · 1916
  2. Central Iron & Coal Co. v. HamacherCourt of Appeals for the Fifth Circuit · 1918

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