Legal Opinion

Jenkins v. Gray

Supreme Court of Alabama

Decided January 15, 1849PublishedCited by 7 opinions

Error to the Orphans’ Court of Lawrence. Tried before the Hon. Wm. M. Gallaway, Judge. This was a motion by the defendants in error to quash an execution issued from the Orphans’ Court of Lawrence, in favor of the plaintiff in error. The facts are sufficiently set out in the opinion of the court.

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Error to the Orphans’ Court of Lawrence. Tried before the Hon. Wm. M. Gallaway, Judge. This was a motion by the defendants in error to quash an execution issued from the Orphans’ Court of Lawrence, in favor of the plaintiff in error. The facts are sufficiently set out in the opinion of the court. The Judge .of the Orphans’ Court sustained the motion, and the same is now assigned as error. 1. The decrees of distribution against Gallaway, adminis-. trator of Jennings, late executor of Jenkins, being regular, and Ha.efi.fds issued thereon having a sufficient judgment to support them, upon their…

1Opinion of the CourtDarcan, J.

Augustine Jenkins, in April 1822, executed his last will and testament, by which he appointed William -Jennings his executor. In May 1823, the testator having departed this life, the will was admitted to probate in the Orphans’ .Court of ¿Lawrence, and letters testamentary .issued to *104William Jennings, he having given bond in the sum of six thousand dollars, with Gray and Anderson as his securities. In 1825, Jennings died, without having made a settlement of his accounts as executor. Letters of administration, with the will annexed, on the estate of Jenkins were granted to another, but it does…

2Cases cited2 opinions

  1. Taliferro v. BassettSupreme Court of Alabama · 1842
  2. Snedicor v. CarnesSupreme Court of Alabama · 1845

3Cited by7 opinions

  1. Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
  2. Hays v. CockrellSupreme Court of Alabama · 1867
  3. Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
  4. Gray v. JenkinsSupreme Court of Alabama · 1854
  5. Stallworth's Adm'r v. FarnhamSupreme Court of Alabama · 1879

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