Phelan v. Phelan
Supreme Court of Alabama
Error to the Orphans’ Court of Wilcox. The plaintiff in error, administrator de bonis non of the estate of William Phelan, deceased, represented the estate to be insolvent, and it was accordingly so declared, no creditor appearing to show cause; and no nomination being made by the creditors, he was continued in the administration, an order made that all creditors should file their claims, and a day set for auditing them.
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Error to the Orphans’ Court of Wilcox. The plaintiff in error, administrator de bonis non of the estate of William Phelan, deceased, represented the estate to be insolvent, and it was accordingly so declared, no creditor appearing to show cause; and no nomination being made by the creditors, he was continued in the administration, an order made that all creditors should file their claims, and a day set for auditing them. Upon the settlement, it appeared the assets in the hands of the administrator amounted to $5,498 58, and the amount of claims filed within six months, $8,086, which being…
1Opinion of the CourtDargan, J.
The orphans’ court misapprehended the law. If a claim is presented to the administrator within eighteen months from the time of the grant of letters, it is a good presentation, so far as the interest of the distributees is concerned ; and a claim so presented binds their interest. If, however, the estate is declared insolvent, since the act of February, 1843, the claim must be filed in the clerk’s office of the orphans’ court, within six months from the time of the rendition of the decree of insolvency, otherwise such creditor cannot participate with the other creditors in the distribution of…
2Cases cited1 opinion
- Hollinger v. HollySupreme Court of Alabama · 1845
3Cited by4 opinions
- McDougald's Adm'r v. Dawson'sSupreme Court of Alabama · 1857
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Middleton's Adm'r v. Maull's Adm'rSupreme Court of Alabama · 1849
- Middleton's Adm'r v. Maull's Adm'rSupreme Court of Alabama · 1849