McLaughlin v. Creditors of Nelms
Supreme Court of Alabama
Error to the Orphans’ Court of Perry. The will of Samuel H. Nelms, being produced to the court, and proved, it was established, and letters granted to Edward D. King, the executor appointed under the will, who proceeded in the execution of the trust, and afterwards resigned, when the plarntiff in error was appointed administrator de bonis non, with the will annexed, at the January. term, 1839 of the court.
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Error to the Orphans’ Court of Perry. The will of Samuel H. Nelms, being produced to the court, and proved, it was established, and letters granted to Edward D. King, the executor appointed under the will, who proceeded in the execution of the trust, and afterwards resigned, when the plarntiff in error was appointed administrator de bonis non, with the will annexed, at the January. term, 1839 of the court. At the May term afterwards, the record recites, that the administrator came and reported the estate insolvent, and thereupon it was ordered that publication be made, that a final settlement…
1Opinion of the CourtOrmond, J.
The first assignment of error is not sustained by the record, as it does appear that the plaintiff in er*928ror, after his appointment, reported the estate insolvent, which report was received by the court, and the creditors required to file their claims. Conceding this to have been informally done, it does not lie in his mouth to object to it. It had the effect of transferring the claims of the creditors to the Orphans’ Court, and preventing suits by them against him, and he cannot now be permitted to say, that it was not regularly made.
It might perhaps admit of question, whether, when three…
2Cases cited2 opinions
- Lambeth v. GarberSupreme Court of Alabama · 1844
- Askew v. WeissingerSupreme Court of Alabama · 1844
3Cited by5 opinions
- Thornton v. MooreSupreme Court of Alabama · 1878
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
- Shadden v. Sterling's Admr'sSupreme Court of Alabama · 1853
- McBroom's Adm'rs v. McBroom's CreditorsSupreme Court of Alabama · 1851