Bates v. Vary
Supreme Court of Alabama
Appeal from the Probate Court of Perry. In the matter of the final settlement of the accounts and vouchers of John H. Jones, deceased, as administrator of the estate of Eobert H. Jones, deceased, by F. A. Bates, the administrator of said John H. Jones.
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Appeal from the Probate Court of Perry. In the matter of the final settlement of the accounts and vouchers of John H. Jones, deceased, as administrator of the estate of Eobert H. Jones, deceased, by F. A. Bates, the administrator of said John H. Jones. Eobert H. Jones died on the 11th October, 1864, and letters of administration on his estate were granted by said probate court, on the 18th November, 1864, to said John H. Jones, who was his brother; and on the 18th November, 1865, after the death of said John H. Jones, letters of administration de bonis non on the estate of the said Eobert H.…
1Opinion of the CourtByrd, J.
The main question presented on this record is, whether the court below erred in refusing to decree in favor of the appellant a balance of over fifteen thousand dollars paid by his intestate on the debts of Robert H„ Jones, deceased. And this may be solved by the discussion and decision of two other questions : 1st, was the payment of the debts of Robert H. Jones, deceased, by appellant’s intestate, under the facts and the law, a gift to the distributees of the estate of said Robert H.; or, 2d, was such payment a valid waiver of the right of appellant’s intestate to be subrogated to the rights…
2Cases cited16 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Bendall's Distributees v. Bendall's Adm'rSupreme Court of Alabama · 1854
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Gow v. MauryMontana Supreme Court · 1923
- Nichols v. ReyburnMissouri Court of Appeals · 1893
- Davis v. WachterSupreme Court of Alabama · 1932
- Henry v. HenrySupreme Court of Alabama · 1893
11 more not listed; retrieve them via the Exa API.