Norman v. Norman
Supreme Court of Alabama
Writ of error to the County Court of Dallas county. ASSUMPSIT on a promissory note. The plaintiff describes himself in his declaration, as the executor of the last will and testament of Jesse Norman, deceased, and the note is described as payable to him, with the description of executor of the estate of Jesse Norman. The defendant pleaded non assump-sit, accord and satisfaction, payment and set-off. Yerdict and judment thereon, for the plaintiff.
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Writ of error to the County Court of Dallas county. ASSUMPSIT on a promissory note. The plaintiff describes himself in his declaration, as the executor of the last will and testament of Jesse Norman, deceased, and the note is described as payable to him, with the description of executor of the estate of Jesse Norman. The defendant pleaded non assump-sit, accord and satisfaction, payment and set-off. Yerdict and judment thereon, for the plaintiff. A bill of exceptions was sealed at the trial, which states, “it being in evidence by parol proof, that the estate of the testator had been settled…
1Opinion of the CourtGoldthwaite, J.
We do not perceive how the charge given is involved in this case, and for any thing which is disclosed by the record, it appears to be entirely abstract.
But independent of this, we consider the Court might have gone much farther, and have instructed the jury, in a case where such an inquiry was important, that the functions of an executor do not necessarily cease upon his final settlement, either with the Orphans’ Court, or with the devisees or distribu-tees of the estate. It may be, and frequently is, important, that the functions of the executor should remain, although a settlement of the…
2Cited by8 opinions
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Humphrey v. BoschungCourt of Civil Appeals of Alabama · 1970
- Lowery v. DanielSupreme Court of Alabama · 1893
- Simmons v. PriceSupreme Court of Alabama · 1850
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
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