Weems v. Bryan
Supreme Court of Alabama
Appeal from tbe Court of Probate of Marengo. Tbe appellant, Samuel W. Weems, as executor of bis wife, Penelope R., filed in tbe Court of Probate of Marengo bis inventor)'- of tbe estate of his deceased wife, containing only a list of a number of slaves.
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Appeal from tbe Court of Probate of Marengo. Tbe appellant, Samuel W. Weems, as executor of bis wife, Penelope R., filed in tbe Court of Probate of Marengo bis inventor)'- of tbe estate of his deceased wife, containing only a list of a number of slaves. The appellees, as lieirs at law and next of kin of Mrs. Weems, filed exceptions to this inventory, and made tbeir averments, in proper form, that said executor bad omitted from bis inventory a large amount of property belonging to said estate, which ought to have been included therein. Among the items alleged to have been omitted, were tbe…
1Opinion of the CourtPhelan, J.
— The general question involved in this case, is, what is an executor bound to include in his inventory? Our statute on this subject, in the oath which it requires an executor to take, brings him under an obligation to “return a true inventory of the goods, chattels, and credits ” of the deceased, “ so far as the5r may come to his knowledge.” This inventory is returned under oath, and if an executor is sued for a devastavit, his inventory is prima fade evidence against him of assets to the extent of the amount therein stated. 1 Lomax on Ex’rs. 378; Ram on Assets, 145-8; Craig and wife v.…
2Cases cited4 opinions
- Childress v. ChildressSupreme Court of Alabama · 1842
- Purdom v. TiptonSupreme Court of Alabama · 1846
- Key v. VaughnSupreme Court of Alabama · 1849
- Harrison v. HarrisonSupreme Court of Alabama · 1846
3Cited by14 opinions
- Thompson v. ThompsonSupreme Court of Georgia · 1887
- Hays v. CockrellSupreme Court of Alabama · 1867
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Wynne v. WalthallSupreme Court of Alabama · 1860
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