Wilson v. Randall
Supreme Court of Alabama
.Appeal from the Chancery Court of Shelby. ’'Heard before the Hon. James B. Clark, 3?he material facts of this case, as stated in. the bill, are these: Benjamin 6r.
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.Appeal from the Chancery Court of Shelby. ’'Heard before the Hon. James B. Clark, 3?he material facts of this case, as stated in. the bill, are these: Benjamin 6r. Wilson, the complainant, was appointed by the -probate court of said county, in December, 1852, administrator of the estate of his father, Benjamin Wilson, deceased % of Which estate, Mrs. Nancy Randall, wbo was the sister of the pomplainani, (and who, with her husband, Benjamin -F. Randall, was made a defendant to the bill,) was one of the distributees. In February, 1853, the complainant sold the personal-property of said estate,…
1Opinion of the CourtA. J. Walker, C. J.
The agreement by the defendants, to allow the amount of purchases made by them from* the complainant, as administrator, to be credited upon the distributive share of Mrs. Randall, was available to the complainant on the fiual settlement of Ms administration.. He might, upon his final settlement, have set off the' amount of such purchases against the claim of Mrs.-Randall as a distributee. — Carroll v. Moore, 7 Ala. 615 ; Moore-v. Lesueur, 33 Ala. 237.
[2.] Because the defendant could have made the defense before the probate court, he can not obtain relief in chancery against the decree, unless…
2Cases cited7 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Moore v. LesueurSupreme Court of Alabama · 1858
- Hair v. LoweSupreme Court of Alabama · 1851
- Allman v. OwenSupreme Court of Alabama · 1857
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3Cited by2 opinions
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- Schwartz v. SchwartzSupreme Court of Connecticut · 1926