Edwards v. Gibbs
Supreme Court of Alabama
Error to the Circuit Court of Shelby. Debt by the defendant, against the plaintiff in error, on his official bond, as executor of Yincent Jones, for the use of Joseph Ellison.
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Error to the Circuit Court of Shelby. Debt by the defendant, against the plaintiff in error, on his official bond, as executor of Yincent Jones, for the use of Joseph Ellison. After setting out the bond, and condition, the declaration avers, that said Jones by his will directed all his debts to be paid, and that he died on the .. day of ...., 1839, possessed of a large personal estate of great value, to wit, of the value of $6000, consisting, among other property, of the following slaves, naming them, being more than sufficient to pay all the debts of the deceased. That the defendant proved…
1Opinion of the CourtOrmond, J.
There can be no doubt, that the failure of the executor to return a full and complete inventory of the estate of his testator, was a breach of the condition of his bond, which required him to perform all the duties which are, or may be required of him by law, of which this was one. But in our judgment, this action cannot be maintained under .the facts disclosed by the declaration. It appears that the *294defendant in error was prosecuting a suit against the plaintiff in error, pending which, upon the representation of the plaintiff in error as executor, the orphans’ court declared the estate…
2Cases cited1 opinion
- Duffee v. BuchananSupreme Court of Alabama · 1845
3Cited by15 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Hine v. HusseySupreme Court of Alabama · 1871
- Randle v. CarterSupreme Court of Alabama · 1878
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
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