Griffin v. Griffin
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In the matter of the petition of Mrs. Sarah J. Griffin, to vacate and set aside a decree which had been rendered against her by said probate court, on final settlement of her accounts and vouchers as administratrix of the estate of Thomas Griffin, deceased.
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Appeal from the Probate Court of Henry. In the matter of the petition of Mrs. Sarah J. Griffin, to vacate and set aside a decree which had been rendered against her by said probate court, on final settlement of her accounts and vouchers as administratrix of the estate of Thomas Griffin, deceased. The petition was filed on the 5th February, 1866, _ and the decree which it sought to set aside was rendered on the 18th December, 1864. The probate court overruled and dismissed the petition, and its decree in that behalf is now assigned as error.
1Opinion of the CourtJudge, J.
In this case, the administratrix applied to the probate court to set aside a decree which had been rendered against her upon the final settlement of the estate of her intestate, more than two years before the date of the application. This action of the court was invoked, mainly, on the ground that she had been erroneously charged on the settlement with the amount of several promissory notes, (assets of the estate,) remaining in her hands uncollected at the time of the settlement.
If the decree of the probate court was erroneous, it was not void, and is as conclusive as a decree in chancery, or…
2Cases cited1 opinion
- Watson v. HuttoSupreme Court of Alabama · 1855
3Cited by4 opinions
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Carlisle v. KillebrewSupreme Court of Alabama · 1890
- Waller v. RaySupreme Court of Alabama · 1872