Legal Opinion

McCreeliss's Distributees v. Hinkle

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 25 opinions

Error to the Orphans’ Court of Lowndes* 1. The authority of an administrator do bonis non embraces only siich of the personalty of the first decedent as remains in specie unaltered or unconverted by his predecessor. — Chamberlain, adm’r, v. Bates, 2 Porter, 550. 2. An administrator do bonis non cannot be allowed credits for payment of debts contracted by the administrator in chief, unless he shows that such debts were justly chargeable to the estate. — Hearin, adm’r, v.…

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Error to the Orphans’ Court of Lowndes* 1. The authority of an administrator do bonis non embraces only siich of the personalty of the first decedent as remains in specie unaltered or unconverted by his predecessor. — Chamberlain, adm’r, v. Bates, 2 Porter, 550. 2. An administrator do bonis non cannot be allowed credits for payment of debts contracted by the administrator in chief, unless he shows that such debts were justly chargeable to the estate. — Hearin, adm’r, v. Savage, adm’r, 16 Ala, 286. Distributees are allowed to elect whether they will take the proceeds or hire of slaves where…

1Opinion of the CourtD Arcan, C. J.

Morgan B. Ilinckle, the administrator de bonis non of John R. McCreeliss, filed his accounts and vouchers in the Orphans’ Court of Lowndes for a final settlement. On the day appointed the parties appeared, a final settlement was made and a decree rendered, which shows that *462the court ascertained to be in the hands of the administrator subject to distribution amongst the next of kin the s-urn of thirty-four hundred and eleven dollars. It further appears that the administrator then paid to the respective distributees their portions of this sum and no decree was rendered against him, but lie was…

2Cases cited6 opinions

  1. Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
  2. Bradford v. BushSupreme Court of Alabama · 1846
  3. Hall v. HrabrowskiSupreme Court of Alabama · 1846
  4. Benford v. DanielsSupreme Court of Alabama · 1848
  5. Hearrin v. SavageSupreme Court of Alabama · 1849

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3Cited by25 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Pearce v. PearceSupreme Court of Alabama · 1917
  3. Henderson v. SimmonsSupreme Court of Alabama · 1858
  4. Clark v. KnoxSupreme Court of Alabama · 1881
  5. Garner v. PrewittSupreme Court of Alabama · 1858

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