Legal Opinion

Hare v. Hare

Supreme Court of Alabama

Decided January 13, 1916Published

Appeal from Blount Probate Court. Heard before Hon. John F. Kelton. Proceedings to settle the account of A. R. Hare, as administrator of the estate of M. W. Hare, deceased. A decree was rendered against accountant in favor of Adaline Hare. Thereafter accountant moved the court to enter satisfaction of the judgment, and from a decree granting partial satisfaction, but refusing satisfaction in full, he appeals. Affirmed.

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Appeal from Blount Probate Court. Heard before Hon. John F. Kelton. Proceedings to settle the account of A. R. Hare, as administrator of the estate of M. W. Hare, deceased. A decree was rendered against accountant in favor of Adaline Hare. Thereafter accountant moved the court to enter satisfaction of the judgment, and from a decree granting partial satisfaction, but refusing satisfaction in full, he appeals. Affirmed. The receipt referred to is as follows: Received of A. R. Hare, administrator, of the estate of M. W. Hare, deceased, my entire one-half interest of the estate of said M. W.…

1Opinion of the CourtSayre, J.

On appellant’s settlement of his administration of the estate of his brother, M. W. Hare, deceased, the probate court rendered a decree against him for a sum certain in favor of his mother, the appellee. Afterwards appellant moved the court to enter satisfaction of the judgment producing to the court a paper writing purporting to be a receipt by appellee of her entire interest in the estate of her deceased son. This receipt, if executed at all, was executed a short while after the settlement, appellant’s theory being that it evidenced the complete execution of an agreement, entered into…

2Cases cited3 opinions

  1. Abercrombie v. GoodeSupreme Court of Alabama · 1914
  2. Morris v. Fidelity Mortgage Bond Co.Supreme Court of Alabama · 1914
  3. Eufaula National Bank v. PassmoreSupreme Court of Alabama · 1893

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