Eddings v. Long
Supreme Court of Alabama
Writ of Error from the Orphans’ Court of Greene. The errors complained of in this cause, are supposed to arise out of the proceedings of the orphans’ court upon the final settlement of the estate of Gabriel Long, at the instance of Benjamin Long and Bryan Watkins, the qualified executors. So much, and such parts of the record as seem necessary to the correct understanding of the errors assigned, will be recited.
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Writ of Error from the Orphans’ Court of Greene. The errors complained of in this cause, are supposed to arise out of the proceedings of the orphans’ court upon the final settlement of the estate of Gabriel Long, at the instance of Benjamin Long and Bryan Watkins, the qualified executors. So much, and such parts of the record as seem necessary to the correct understanding of the errors assigned, will be recited. On the 3d of March, 1843, the executors eame before the court, and filed their vouchers and accounts for a final settlement. Whereupon it was ordered that the 16th of April following…
1Opinion of the CourtGoldthwaite, J.
1. The provision of the statute of 1843, requiring the executor or administrator, applying to make a final settlement, to file "a statement on oath of the names and description of the heirs and legatees, [Clay’s Dig. 219, 43,] is directory to the administrator, and is a matter for the ommission of which he is made responsible for all damages arising from his neglect. In all cases it would seem to be quite proper when the legatees or distributees do not appear, for the court to require the necessary information, if in the power of the executor or administrator to give, but in our opinion, it…
2Cited by10 opinions
- Johnson v. Knights of HonorSupreme Court of Arkansas · 1890
- Otis v. DarganSupreme Court of Alabama · 1875
- Harris v. McLaranMississippi Supreme Court · 1855
- Mason v. BailyCourt of Chancery of Delaware · 1888
- Hutton v. WilliamsSupreme Court of Alabama · 1877
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