Wilson's Heirs v. Wilson's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Pickens. IN the matter of the final settlement of the estate of Mrs. Elizabeth Wilson, deceased, by Wilson Q-. Mustin, her administrator.
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Appeal from the Probate Court of Pickens. IN the matter of the final settlement of the estate of Mrs. Elizabeth Wilson, deceased, by Wilson Q-. Mustin, her administrator. It was shown on said final settlement, as appears from the bill of exceptions, “that said administrator had made an annual settlement of said estate on the second Monday in June, 1856, and was then allowed by the court, in addition to commissions on the receipts and disbursements, and compensation for ‘special services’ rendered in attending to the farm of said intestate, the: further sum of $252 87 for dividing the slaves…
1Opinion of the CourtPice, C. J.
Upon authority and principle, we hold, that where the condition of the estate does not require *672the sale of the slaves, and they are divided among the distributees, the administrator is not entitled to a commission upon their appraised value. — See authorities cited for appellant. We shall not decide, whether, in any case, or upon any ground, an allowance on division of the slaves among the distributees can be made to the administrator; but wé think it clear, that if an allowance on such division can be made, it can be made only for expenses actually and properly incurred by him, or for…
2Cited by3 opinions
- McCollum v. TownsSupreme Court of Alabama · 1983
- Allen v. MartinSupreme Court of Alabama · 1859
- Jenkins' v. JenkinsSupreme Court of Alabama · 1859