Treadwell v. Burden
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Randolph. The facts in this case as shown by the record are as follows: On the 27th December, 1842, Sarah Treadwell applied for letters of guardianship of the estate of Stephen Treadwell, a lunatic, which were granted upon her entering into a bond with sureties, as required by law in such cases; and on the 3d January, 1843, filed in the Orphans’ Court a return of the notes and accounts of the lunatic, which being stated and examined,…
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Writ of Error to the Orphans’ Court of Randolph. The facts in this case as shown by the record are as follows: On the 27th December, 1842, Sarah Treadwell applied for letters of guardianship of the estate of Stephen Treadwell, a lunatic, which were granted upon her entering into a bond with sureties, as required by law in such cases; and on the 3d January, 1843, filed in the Orphans’ Court a return of the notes and accounts of the lunatic, which being stated and examined, were ordered to be recorded. On the 7th February, 1843, the guardian made a return of her account with the lunatic’s…
1Opinion of the CourtCollier, C. J.
-It is assigned for error — 1. That the Orphans’ Court disallowed the account of the guardian, returned the 7th February, 1843, and rejected other accounts. 2. That there was no notice shown in the record, either by advertisement or otherwise, and consequently no parties to the settlement. 3. The decree is uncertain and void.
1. The first assignment is not sustained by the record. There was no exception taken to any decision of the Orphans’ Court, and it does not appear that the accounts of the guardian were not in all things allowed, as they were made out and filed by her.
2. In respect to the…
2Cases cited3 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Davis v. DavisSupreme Court of Alabama · 1844
- Taylor v. ReeseSupreme Court of Alabama · 1842
3Cited by3 opinions
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Wright v. CloughSupreme Court of Alabama · 1850