Key v. Vaughn
Supreme Court of Alabama
Error to the Orphans’ Court of Lawrence. Before the Hon. Wm. M. Galloway, Judge. This case originated in an application of the plaintiff in error to make final settlement of the estate of Thomas H. Seward, of which he was administrator.
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Error to the Orphans’ Court of Lawrence. Before the Hon. Wm. M. Galloway, Judge. This case originated in an application of the plaintiff in error to make final settlement of the estate of Thomas H. Seward, of which he was administrator. The decree recited, that the administrator had theretofore filed his account and vouchers, which had been duly examined, audited and reported by the judge; that forty days’ notice had been given by advertisements, posted up at the door of the court house in Moulton, and at three other public places in the county, agreeably to law, and a previous order of said…
1Opinion of the CourtCollier, C. J.
The jurisdiction of the orphans’ court is apparent from the record ; we are therefore authorized to make .all reasonable intendments in favor of the regularity of its decree. Wyman et al. v. Campbell et al. 6 Port. Rep. 219; Duval’s heirs v. McLoskey, 1 Ala. Rep. 710; McRea admr. v. Pegues, admr, 4 Ala. Rep. 158; Davis v. Davis et al. 6 Ala. Rep. 870. It is pot necessary that the decree should affirmatively show that the guardian of the distributees of the intestate estate resided in this state; under the influence of the principle- stated, it must be presumed that the guardian was so…
2Cases cited6 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Hoot v. SorrellSupreme Court of Alabama · 1847
- McRae v. PeguesSupreme Court of Alabama · 1842
- Lambeth v. GarberSupreme Court of Alabama · 1844
- M'Leod v. MasonSupreme Court of Alabama · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Commissioners' Court v. ThompsonSupreme Court of Alabama · 1851
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Weems v. BryanSupreme Court of Alabama · 1852
- Wilson v. WilsonSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.