Legal Opinion

Cook v. Cook

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 5 opinions

Appeal from Baldwin Probate Court. Tried before Hon. W. H. Gasque. John Cook, the appellant,-and Joachim B. Cook and Alexander Cook, the appellees, were duly appointed tlie execntorsof the last will and testament of John Cook, Sr., deceased, on. the 23d of December, 1878, by the Probate Court of Baldwin county, in this State.

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Appeal from Baldwin Probate Court. Tried before Hon. W. H. Gasque. John Cook, the appellant,-and Joachim B. Cook and Alexander Cook, the appellees, were duly appointed tlie execntorsof the last will and testament of John Cook, Sr., deceased, on. the 23d of December, 1878, by the Probate Court of Baldwin county, in this State. On the 8th of November, 1880, tlie appellees filed in said court tlieir account and vouchers for a final settlement of their executorship, and- also two petitions, one as such executors', and tlie other as legatees and distributees under the will of their testator, for…

1Opinion of the CourtSomebyille, J.

Every executor or administrator is required by law to make annual settlements of his administration,, and “ may, when necessary for the interests of the estate, be required to make a settlement at any time.” — Code, 1816, § 2508. And after the lapse of eighteen months from the grant of letters, if all the debts are paid, “ and the condition of the estate, in other respects, will admit of it,” a final settlement may be required, either at the instance of those interested, or ex mew motu, by the action of the court. After citation served upon an executor or administrator to this end, requiring…

2Cases cited3 opinions

  1. Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
  2. Wright v. LangSupreme Court of Alabama · 1880
  3. Hooper v. Smith T.Supreme Court of Alabama · 1877

3Cited by5 opinions

  1. Lindsey v. LindseySupreme Court of Alabama · 1934
  2. Walsh v. WalshSupreme Court of Alabama · 1935
  3. Copeland v. LoebSupreme Court of Alabama · 1959
  4. Alexander v. SteeleSupreme Court of Alabama · 1887
  5. Lowry v. Magnolia Development CompanySupreme Court of Alabama · 1961

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