Searcy v. Holmes
Supreme Court of Alabama
Appeal from the Probate Court of Henry. Tried before the Hon. Geo. W. Searcy, as next friend for Bryant C. Holmes, on the 14th of December, 1868, petitioned the probate court to annul and declare void a decree rendered by that court on the final settlement, by the appellees, upon their removal of their administration of the estate of Bryant Holmes, deceased.
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Appeal from the Probate Court of Henry. Tried before the Hon. Geo. W. Searcy, as next friend for Bryant C. Holmes, on the 14th of December, 1868, petitioned the probate court to annul and declare void a decree rendered by that court on the final settlement, by the appellees, upon their removal of their administration of the estate of Bryant Holmes, deceased. The reasons given in the petition for the motion, were that no guardian ad litem of the minors interested had been appointed, and proper publication of the notice of settlement had not been made. The transcript of the record of the final…
1Opinion of the CourtB. E. Saeeold, J.
Section 2232, Eevised Code, requires the settlement of the accounts of an administrator who has been removed, to be made in the same manner as other settlements of administration. Section 2140 directs the manner of giving notice ; one of the modes of which is, by publication in a newspaper in the county, if there be one.
Section 3138 requires the court to appoint a guardian ad litem to represent the interest of the minors. This appointment, and the acceptance of it, have been • held by this court to be indispensable to the validity of the decree. Laird, Adm’r, v. Reese, at the January term,…
2Cases cited2 opinions
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- Jenkins' Distributees v. Jenkins' Adm'rsSupreme Court of Alabama · 1849
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