Moody v. Hemphill
Supreme Court of Alabama
Appeal from Tuscaloosa Probate Court. Tried before Hon. N. PI. BbowNE. In the matter of the final settlement of the accounts of Frank S. Moody, as administrator de bonis non, with the will annexed, of Edward Sims, deceased.
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Appeal from Tuscaloosa Probate Court. Tried before Hon. N. PI. BbowNE. In the matter of the final settlement of the accounts of Frank S. Moody, as administrator de bonis non, with the will annexed, of Edward Sims, deceased. This cause was before this court at a former term, and is reported. — Hemphill v. Ifoody, Adbfrj 62 Ala. 510. On settlement had after the remandment of the cause, the administrator again claimed a credit of $2000, which.be had paid to the personal representative pf one Aaron Read.y, in satisfaction of a legacy left to Ready by the testator’s will The provisions of the will…
1Opinion of the CourtBbickell, C. J.
"When this cause was heretofore before us, we decided tliat the legacy to Aaron Beady was due and payable at the expiration of eighteen months from the probate of the will of Edward Sims; and that more than twenty years having elapsed thereafter, all lawful claim to it was barred, when it was paid by the appellant. From that decision we are not inclined to depart; nor are we of opinion, the evidence proposed to be introduced on the last hearing before the Court of Probate, if admissible, could vary it.-Hemphill v. Moody, 62 Ala. 510.
An administrator, not unreasonably delaying settlement and…
2Cases cited7 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Jones v. DeyerSupreme Court of Alabama · 1849
- Bendall's Distributees v. Bendall's Adm'rSupreme Court of Alabama · 1854
- Anderson's Ex'r v. Anderson's HeirsSupreme Court of Alabama · 1861
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3Cited by7 opinions
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Pierce v. FulmerSupreme Court of Alabama · 1910
- Eubank v. ClarkSupreme Court of Alabama · 1884
- McDonald v. Elyton Land Co.Supreme Court of Alabama · 1884
- Schulhoefer v. FultonSupreme Court of Alabama · 1919
2 more not listed; retrieve them via the Exa API.