Hooper v. Smith T.
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. Bill was filed in this cause by the heirs arid distributees of one John Smith, also known by the name of John Smith T., against Geo.
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Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. Bill was filed in this cause by the heirs arid distributees of one John Smith, also known by the name of John Smith T., against Geo. W. Hooper, administrator of the estate of said 'Smith T., praying “ that the further consideration of said estate be removed from the Probate Court of Lee county into this (the Chancery) Court, and that it be referred to the master, to ascertain and report the true state of the account between said administrator and said estate, and on final hearing, to direct a settlement of said…
1Opinion of the CourtStone, J.
1. After administration has been pending more than eighteen months, it is prima facie the right of ■distributees to call the personal representative to a settlement. If there be special reasons why settlement and distribution should not then be made, this is a defensive matter, the duty ■of showing which rests with the administrator.—Code of 1876, § 2528; Chighizoa v. LeBarron, 21 Ala. 406.
2. Before proceedings are instituted in the court of probate, looking to a settlement, distributees of the estate, without showing any special reason therefor, may file a. bill in the Chancery Court against…
2Cases cited7 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Sellers v. SellersSupreme Court of Alabama · 1859
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3Cited by3 opinions
- Cook v. CookSupreme Court of Alabama · 1881
- Alexander v. SteeleSupreme Court of Alabama · 1887
- Sampey's Adm'r v. SowellSupreme Court of Alabama · 1890