Nolly v. Wilkins
Supreme Court of Alabama
Error to the Orphans’ Court of Baldwin. ■- On the 17th October, 1842, the plaintiff in error was appointed administrator of the estate of Henry Snelgrove with the will annexed, and being subsequently cited to give additional security, he appeared on the 4th March, 1844, and presented his account with the estate, and on the 16th April, 1844, resigned his trust, and the defendant in error was appointed administrator de bonis non of the estate, and at the same time the…
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Error to the Orphans’ Court of Baldwin. ■- On the 17th October, 1842, the plaintiff in error was appointed administrator of the estate of Henry Snelgrove with the will annexed, and being subsequently cited to give additional security, he appeared on the 4th March, 1844, and presented his account with the estate, and on the 16th April, 1844, resigned his trust, and the defendant in error was appointed administrator de bonis non of the estate, and at the same time the plaintiff in error filed his accounts and vouchers for final settlement, which was directed to be made on the 15th June, 1844,…
1Opinion of the CourtOrmond, J.
In Willis v. Willis’ adm’r, 9 Ala. 721, it was held, that a decree against a removed administrator, in favor of an administrator de bonis non, and execution ordered to issue in favor of the latter, was such an error as would reverse the decree, and as that is the predicament of this case, the judgment of the orphans’ court must be reversed for this cause, and as it must be remanded, we proceed to consider some other questions presented on the record, and which must necessarily arise when the case is sent back.
In the case previously cited, it is left in doubt, whether the *874orphans’ court has…
2Cases cited2 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Willis v. Willis' Adm'rSupreme Court of Alabama · 1846
3Cited by4 opinions
- King v. SmithSupreme Court of Alabama · 1849
- Graves's Administrator v. FlowersSupreme Court of Alabama · 1874
- Stallworth's Adm'r v. FarnhamSupreme Court of Alabama · 1879
- Lyon v. OdomSupreme Court of Alabama · 1857