Holman v. Sims
Supreme Court of Alabama
Appeal from tbe Probate Court of Cherokee. In the matter of the estate of James Sims, deceased, on final settlement of the accounts and Touchers of John C. Holman, the executor. The widow of the testator, Mrs. Nancy Sims, contested several of the items on the credit side of the account, as stated by the executor.
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Appeal from tbe Probate Court of Cherokee. In the matter of the estate of James Sims, deceased, on final settlement of the accounts and Touchers of John C. Holman, the executor. The widow of the testator, Mrs. Nancy Sims, contested several of the items on the credit side of the account, as stated by the executor. These items consisted of the costs and expenses incurred and paid by him in two unsuccessful suits, which he had instituted as executor, including an attorney’s fee in each case. One of these suits was an action of detinue, which he had instituted against Mary T. Sims, who was a…
1Opinion of the CourtA. J. Walker, C. J.
An executor fills “a fiduciary relation, which is indispensable in our judicial system; and, in the absence of bad faith, the law does not visit Mm with severer intendments than are indulged against agents generally.” — Henderson v. Simmons, 33 Ala. 291. An executor who institutes a suit in good faith, and on reasonable grounds, is entitled to reimbursement of the costs and expenses of the litigation, notwithstanding his failure of success; provided there does not appear to have been a want of proper diligence.—Taylor v. Kilgore, 33 Ala. 214; Pearson v. Darrington, 32 Ala. 261. Upon this…
2Cases cited4 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Taylor v. KilgoreSupreme Court of Alabama · 1858
- Mays v. KingSupreme Court of Alabama · 1856
3Cited by7 opinions
- Tayloe v. BushSupreme Court of Alabama · 1883
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Munden v. BaileySupreme Court of Alabama · 1881
- Walsh v. WalshSupreme Court of Alabama · 1935
- Moore v. Randolph's Adm'rSupreme Court of Alabama · 1881
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