Willis v. Willis' Distributees
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. Tried before the Hon. Thos. S. Mays, Judge. LbtteRS of administration on the estate of Brittain Willis, deceased, were granted to the plaintiff in error in January 1837, revoked and granted to Moses McLemore in October 1845, and, on his resignation in April 1846, again granted to the plaintiff.
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Error to the Orphans’ Court of Montgomery. Tried before the Hon. Thos. S. Mays, Judge. LbtteRS of administration on the estate of Brittain Willis, deceased, were granted to the plaintiff in error in January 1837, revoked and granted to Moses McLemore in October 1845, and, on his resignation in April 1846, again granted to the plaintiff. The plaintiff in error, on the final settlement of his last administration, offered his settlements made in June and October 1838, February 1841, and January 1843, as prima fade evidenbe of the correctness of the various items of credit contained in them…
1Opinion of the CourtChilton, J.
It is contended that the decree rendered by the Orphans5 Court, on the 1st of February 1841, is final, and that it is conclusive on the defendants in error. If this position be tenable, then the court erred in permitting the dis-tributees to go behind that settlement, and In charging the administrator for a greater sum than was fixed by that decree, up to that time.
The entry, which it is insisted has the effect of a final decree, reads as follows: “ This day being set apart for the final settlement of the estate of Brittain Willis, deceased, due publication thereof having been made, the court…
2Cases cited4 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Savage v. BenhamSupreme Court of Alabama · 1847
- Legatees of Horn v. GraysonSupreme Court of Alabama · 1838
- Robinson v. SteeleSupreme Court of Alabama · 1843
3Cited by9 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Stewart v. McMurraySupreme Court of Alabama · 1886
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