Jenkins' Distributees v. Jenkins' Adm'rs
Supreme Court of Alabama
Error to the Orphans’ Court of Benton. Tried before the Hon. Jas. L. Lewis, Judge. This was a proceeding for the final settlement by the defendants in error of their administration of the estate of Owen Jenkins, deceased.
Read the full summary
Error to the Orphans’ Court of Benton. Tried before the Hon. Jas. L. Lewis, Judge. This was a proceeding for the final settlement by the defendants in error of their administration of the estate of Owen Jenkins, deceased. At the time the order of publication was passed, James Crow was appointed guardian ad litem for the infant distributees, but it does not appear that he was notified of the appointment or ever accepted it, and on the day of the final settlement another appears to have been appointed in his stead. The remaining facts necessary to a full understanding of the case will be found…
1Opinion of the CourtDargan, C. J.
There are many objections made to the regularity of this decree,, but we shall examine only two.— The first is, whether the publication that was ordered and shown to have been made was sufficient. The act of 1843, under which the proceedings were bad, makes it the duty of the Orphans’ Court, when an executor, administrator or guardian files his accounts for settlement, to order publication to be made for at least forty days, either by posting up written notices at the door of the court-house and at three or more other public places in the county, or by advertisement for three consecutive…
2Cited by4 opinions
- Otis v. DarganSupreme Court of Alabama · 1875
- Frierson v. TravisSupreme Court of Alabama · 1863
- Laird v. ReeseSupreme Court of Alabama · 1869
- Searcy v. HolmesSupreme Court of Alabama · 1869