Brown v. Walter
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard, before the Hon. H. Austill. The facts of this case, as shown by the pleadings and proof, are, that Henry Kruse, a resident citizen of Mobile county, died intestate in July, 1858, leaving a widow and two infant children, his only next of kin, composing his family.
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Appeal from the Chancery Court of Mobile. Heard, before the Hon. H. Austill. The facts of this case, as shown by the pleadings and proof, are, that Henry Kruse, a resident citizen of Mobile county, died intestate in July, 1858, leaving a widow and two infant children, his only next of kin, composing his family. At the time of his death, he had some household and kitchen furniture, three or four cows and calves, a few gardening or farming implements, and one or two skiffs, and the sum of fourteen hundred dollars, which he had deposited with a friend. He owed no debts, and his widow paying his…
1Opinion of the Court
BBICKELL, 0. J.
The theory of the original bill is, that the respondents haYing, without authority of law, without a grant of administration from the proper tribunal, intermed-dled with, and conYerted the assets of' the intestate, are liable to account therefor to him, as the rightful representative. There is no aspect of the case, in which Mrs. Walter could be charged as an executor de son tort. The only intermed-dling with the assets in which she participated, before or after her marriage, was with the cattle, the household and kitchen furniture, and the gardening or farming implements.…
2Cases cited1 opinion
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
3Cited by5 opinions
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