Owen v. Peebles
Supreme Court of Alabama
Appeal frorp Probate Court of Macon county. This was a proceeding for final settlement in the probate court of Macon county, between Howell Peebles, executor of tbe last will and testament of N. G. Owen, ■ deceased, who was guardian in his lifetime, of B. L. Owen,.a minor, and said B. L. Owen, by W. 0. Mclver, guardian ad litem.
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Appeal frorp Probate Court of Macon county. This was a proceeding for final settlement in the probate court of Macon county, between Howell Peebles, executor of tbe last will and testament of N. G. Owen, ■ deceased, who was guardian in his lifetime, of B. L. Owen,.a minor, and said B. L. Owen, by W. 0. Mclver, guardian ad litem. The said Peebles, as executor, &c., filed his account current of the guardianship of his testator, and appended thereto an affidavit, which, after making oath to the correctness of the account, proceeds in these words : “Affiant further states, that he was upon terms…
1Opinion of the CourtA. J. Walkee, C. J.
This was a proceeding for the settlement of the accounts of a deceased guardian by his executor.
The bill of exceptions states, that the executor presented his account with the ward “with his affidavit attached,” *340■which affidavit is set out. The affidavit consists of a statement of the correctness of the account, followed by statements, tending to show that the testator did not use the funds of his wrard ; that the testator could not loan out his ward’s funds, and that the testator had on hand one thousand dollars in Confederate money at the time of his death. The ward objected to the…
2Cases cited13 opinions
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Watson v. MercerSupreme Court of the United States · 1834
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Smith v. Kennard'sSupreme Court of Alabama · 1863
- Bryant v. CraigSupreme Court of Alabama · 1847
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3Cited by8 opinions
- Ferguson v. LowerySupreme Court of Alabama · 1875
- In re Estate of ThomasSupreme Court of Colorado · 1899
- Thompson v. ThompsonSupreme Court of Alabama · 1890
- Westmoreland v. Birmingham Trust & Savings BankSupreme Court of Alabama · 1926
- City of Mobile v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1948
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