Wilkinson v. Hunter
Supreme Court of Alabama
Appeal from the Probate Court of Chambers. Isr the matter of -the estate of Bailey C. Newman, deceased, on final settlement of the accounts of Henry L. Wilkinson, administrator de bonis non, to which he was cited by William H. Hunter, his successor in the administration. Wilkinson appeared, in answer to the citation, alleged that no assets belonging to the estate had come to his hands, and moved t© be discharged.
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Appeal from the Probate Court of Chambers. Isr the matter of -the estate of Bailey C. Newman, deceased, on final settlement of the accounts of Henry L. Wilkinson, administrator de bonis non, to which he was cited by William H. Hunter, his successor in the administration. Wilkinson appeared, in answer to the citation, alleged that no assets belonging to the estate had come to his hands, and moved t© be discharged. Hunter contested this return, and moved the court to charge said Wilkinson with the following sums : “ 1st, the amount of a decree rendered by said probate court of Chambers, on tbe…
1Opinion of the CourtA. J. Walker, C. J.
We assume, that the failure of the appellant to obtain a different decree against Davis, more favorable to the estate which he represented, was not the result of any fraud or negligence on his part, for the record does not authorize us to impute either to him. When the decree was rendered in his favor, it was his duty to demand from his predecessor the evidences of debt ordered to be delivered to him, and, upon a refusal of his demand, to proceed to obtain the enforcement of the decree. It being shown that the decree for the delivery of the choses in action was rendered in his favor, the onus…
2Cited by5 opinions
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Walsh v. WalshSupreme Court of Alabama · 1935
- Ivey v. ColemanSupreme Court of Alabama · 1868
- Crumpler v. DeensSupreme Court of Alabama · 1887
- Sheppard v. Gill's AdministratorSupreme Court of Alabama · 1873