Kidd v. Porter
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. The defendant in error, was appointed administrator of Frances D. Wiggins, deceased, by the orphans’ court of Sumter. He returned no inventory of the estate, and in June, 1844, made application for a final settlement. The court ordered forty days’ notice to be given to all persons interested in the estate, and set the 17th of August thereafter as the day on which the application would be heard, and a final settlement made.
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Writ of Error to the County Court of Sumter. The defendant in error, was appointed administrator of Frances D. Wiggins, deceased, by the orphans’ court of Sumter. He returned no inventory of the estate, and in June, 1844, made application for a final settlement. The court ordered forty days’ notice to be given to all persons interested in the estate, and set the 17th of August thereafter as the day on which the application would be heard, and a final settlement made. The defendant in error then filed his account with said estate in court, which is as follows : “ I have nothing which is of the…
1Opinion of the Court
'DARGAN, J.
It is the duty of an administrator, to show by an inventory, the assets that have come to his hands. The defendant in error, by his account rendered for final settlement, shows, that he has received money, which was of the estate of his intestate, and Which he states belonged to a particular distributee, Mrs. Kidd, and which he has applied to her use, in private account with himself. But how much he has received is not shown, nor does he exhibit the accounts to which he has applied it; and the decree of final settlement sanctions this, and permits him, without the consent of Mrs.…
2Cited by3 opinions
- Reaves v. Garrett's Adm'rSupreme Court of Alabama · 1859
- Bondurant v. Thompson's DistributeesSupreme Court of Alabama · 1849
- Whorton v. MoragneSupreme Court of Alabama · 1877