McDaniel v. Whitman
Supreme Court of Alabama
Error to- the Orphans’ Court of Perry.. The defendant in error as guardian of Nancy Cross', received from the clerk of the Orphans’ Court of Perry a sum of money as- the distributive share of ihe estate of bis ward’s mother. The ward intermarried with the plaintiff in error, McDaniel, and died before she arrived at the age of twenty-one',, and without any thing being done to reduce the money in the guardian’s hands to the actual possession of the husband.
Read the full summary
Error to- the Orphans’ Court of Perry.. The defendant in error as guardian of Nancy Cross', received from the clerk of the Orphans’ Court of Perry a sum of money as- the distributive share of ihe estate of bis ward’s mother. The ward intermarried with the plaintiff in error, McDaniel, and died before she arrived at the age of twenty-one',, and without any thing being done to reduce the money in the guardian’s hands to the actual possession of the husband. After the death of the ward, the guardian was called to a settlement in the Orpbhns’ Court, when the plaintiff in error moved the court for…
1Opinion of the CourtChilton, J.
The judgment of the Orphans’ Court, which determines that the plaintiff in error shall take nothing by his motion, made upon the propounding of his interest as the husband of Nancy, who was the ward of Whitman, we must regard as a final order, from which a writ of error will lie. It is certainly conclusive upon the rights of the husband, and decisive of hi's claim to the monies due, in right of his wife, from the defendant in error. The statute authorises an appeal or writ- of error to the Circuit or Supreme Court, from any judgment or order final made by the County or Orphans’ Court, whether…
2Cases cited2 opinions
- Hagan v. CampbellSupreme Court of Alabama · 1838
- Bibb v. M'KinleySupreme Court of Alabama · 1839
3Cited by5 opinions
- Kowing v. . ManlyNew York Court of Appeals · 1872
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Mason v. McNeill's ExecutorsSupreme Court of Alabama · 1853
- Chamblee v. ProctorSupreme Court of Alabama · 1919
- Fowler v. McLaughlin.Supreme Court of North Carolina · 1902