Willis' Adm'r v. Heirs of Willis
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. The facts as they appear of record, are, that the plaintiff in error, as the administrator of Britton Willis, deceased, entered upon the administration, made and returned his inventory, account of sales, &c., and made several annual settlements with the Orphans’ Court. On the 2d July, 1845, the administrator having applied for the allowance of his annual settlement, the heirs and widow of the deceased appeared.
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Error to the Orphans’ Court of Montgomery. The facts as they appear of record, are, that the plaintiff in error, as the administrator of Britton Willis, deceased, entered upon the administration, made and returned his inventory, account of sales, &c., and made several annual settlements with the Orphans’ Court. On the 2d July, 1845, the administrator having applied for the allowance of his annual settlement, the heirs and widow of the deceased appeared. The record then states, that upon the request of the parties, a jury was called, and the court having directed that an issue should be…
1Opinion of the CourtOrmond, J.
The questions raised upon the record, arise out of an issue tried by a jury, upon the settlement of the accounts of the plaintiff in error, as administrator .¿The statutes .authorizing the Judge of the Orphans’ Court to impannel a jury, are the act of 1821, when a will is contested, or doubts arise as to its validity, (Clay’s Dig 304, § 35,) and the'act of 1843, in regard to the settlement of insolvent estates, (Clay’s Dig. 192.) In each of these cases, there can can be. *332no doubt, that a writ of error will lie upon the judgment of the Orphans’ Court, founded upon such .verdict. In regard to…
2Cases cited2 opinions
- Carroll v. MooreSupreme Court of Alabama · 1845
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
3Cited by26 opinions
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Brown v. StateCourt of Criminal Appeals of Texas · 1909
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Driver v. HudspethSupreme Court of Alabama · 1849
- Holmes v. StateSupreme Court of Alabama · 1889
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