Howard's Distributees v. Howard's Adm'r
Supreme Court of Alabama
Appeal from the Court of Probate of Madison. The appellants, claiming' to be the children and legal dis-tributees of Robert Howard, deceased, filed their petition in July, 1854, for a citation against Robert L. Clark, as administrator of William Howard, deceased, to compel him to settle his intestate’s administration on the estate of said Robert Howard.
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Appeal from the Court of Probate of Madison. The appellants, claiming' to be the children and legal dis-tributees of Robert Howard, deceased, filed their petition in July, 1854, for a citation against Robert L. Clark, as administrator of William Howard, deceased, to compel him to settle his intestate’s administration on the estate of said Robert Howard. The petition alleged, that William Howard was appointed administrator of said Robert Howard’s estate on the 16th November, 1840 ; that he died in 1845, having never made a final settlement of his administration on said estate ; and that…
1Opinion of the CourtChilton, C. J.
—The act of 7th February, 1854, authorizes the distributees of an intestate, in cases where the administrator has died, to call in the personal representative of such deceased administrator before the Probate Court, and have an account taken and settlement made between the estate and the deceased administrator, “ as fully and completely” as could have been made by the deceased administrator were he alive. It is provided, however, by the third section of that act, that such executor, administrator, &c., shall only be liable for the assets that may come into his hands.
In Gray v. Jenkins, 24…
2Cases cited2 opinions
- Gray v. JenkinsSupreme Court of Alabama · 1854
- Ashley's Dis. v. Ashley's Adm'rSupreme Court of Alabama · 1848
3Cited by9 opinions
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