Owens v. Thurmond's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In the matter of the final settlement of the accounts and vouchers of Charles J. Reynolds, as administrator of James Thurmond, deceased.
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Appeal from the Probate Court of Henry. In the matter of the final settlement of the accounts and vouchers of Charles J. Reynolds, as administrator of James Thurmond, deceased. The record contains only a bill of exceptions, which states that, on the day appointed for the settlement, “ F. M. Cook and John F. Adams, creditors of said deceased; and Hasting E. Owens, assignee of Teague & Owens, late partners, creditors of one Margaret Thurmond, deceased, widow and heir of said James Thurmond, deceased, whose administrator is the said Charles J. Reynolds ; and W. H. Gunn and C. H. Dupont,…
1Opinion of the CourtByrd, J.
Without deciding whether an appeal willlie in such a case is this, (as the point is not raised by the appellee, and the result will be the same as if ih were made and sustained,) we are satisfied that the appellants are not persons interested in the settlement of the estate of James Thurmond, deceased, within the meaning of section 1812 of the Code. They are creditors of a distributee of said estate, and their interest is too uncertain and remote to entitle them to appear in their own right to contest the settlement. The creditors of appellants may be interested in that settlement remotely,…
2Cited by2 opinions
- Byrd v. JonesSupreme Court of Alabama · 1887
- Estate of SturgesRichland County Court of Common Pleas · 1908