Hays v. Cockrell
Supreme Court of Alabama
Appeal from the Probate Court of Greene. In the matter of the estate of Robert A. Hairston, deceased, on final settlement of the accounts and vouchers of Mrs. Mary Hairston, deceased, his widow and administratrix, by Charles Hays, her executor.
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Appeal from the Probate Court of Greene. In the matter of the estate of Robert A. Hairston, deceased, on final settlement of the accounts and vouchers of Mrs. Mary Hairston, deceased, his widow and administratrix, by Charles Hays, her executor. The material facts of the case, so far as they are necessary to a correct understanding of the legal questions here decided, were thus stated in the opinion of the court, as delivered by Judge, J. : “ Bobert A. Hairston and Mary Hays intermarried, in this State, in the month of July, 1856. After the marriage, Bobert A. became possessed of a plantation…
1Opinion of the CourtJudge, J.
(After stating the facts as above quoted.) The first question we shall consider is this: In the particular aspect of the case, as to parties, and the interests involved, had the probate court jurisdiction to make the settlement ?
Prior to the passage of the act of January 27, 1845, the probate court had no jurisdiction to compel the representative of a deceased executor, or administrator, to settle the accounts between the deceased executor, or administrator, and the estate which he represented. The parties whose rights were affected by a devastavit, or conversion of the goods of the decedent,…
2Cases cited33 opinions
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Patterson v. FlanaganSupreme Court of Alabama · 1861
- Taliferro v. BassettSupreme Court of Alabama · 1842
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3Cited by26 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Castleberry v. HollingsworthSupreme Court of Alabama · 1927
- Cleere v. CleereSupreme Court of Alabama · 1886
21 more not listed; retrieve them via the Exa API.