Joseph v. Legatees of Joseph
Supreme Court of Alabama
EiutoR to the County Court of Mobile. In this case administration was granted to the plaintiff in error by the County Court of Mobile, on the estate of Philip Joseph, with the will annexed, and having applied to the'court for a final settlement, a decree was rendered against him for ninety-seven dollars twelve cents, “ to be divided as directed by the last will and testament of the deceased, to the legatees therein named.”
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EiutoR to the County Court of Mobile. In this case administration was granted to the plaintiff in error by the County Court of Mobile, on the estate of Philip Joseph, with the will annexed, and having applied to the'court for a final settlement, a decree was rendered against him for ninety-seven dollars twelve cents, “ to be divided as directed by the last will and testament of the deceased, to the legatees therein named.” At a subsequent term execution was directed to issue for the amount of the decree.
1Opinion of the CourtOrmond, J.
“ The legatees of Philip Joseph,” against whom, by that appellation, this writ of error is prosecuted, are not parties to this proceeding in the court below. It is true a decree is rendered in their favor, in those terms, but who they are, no where appears in the record. The statute requires the county court to render separate judgments in favor of each distributee or legatee, but the rendition of such a decree pre-supposes that they are parties to the proceeding propounding an interest, or at least that their interest should be made known to the county court, and until such separate…
2Cited by2 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Kyle v. MaysSupreme Court of Alabama · 1853