Mims' Adm'r v. Mims
Supreme Court of Alabama
Appeal from tbe Probate Court of Monroe. IN tbe matter of tbe estate of Britton Mims, deceased, on final settlement of tbe accounts and vouchers of tbe deceased executor, Stanford Mims, by bis administrator, John DeLoacb. Tbe testator died in July, 1845. Tbe time of tbe executor’s death is nowhere stated in tbe record.
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Appeal from tbe Probate Court of Monroe. IN tbe matter of tbe estate of Britton Mims, deceased, on final settlement of tbe accounts and vouchers of tbe deceased executor, Stanford Mims, by bis administrator, John DeLoacb. Tbe testator died in July, 1845. Tbe time of tbe executor’s death is nowhere stated in tbe record. A partial settlement was made by tbe executor in July, 1850, and another in December, 1861. Tbe final settlement, from which this appeal was prosecuted, was made in September, 1864. Tbe opinion of tbe court contains a sufficient statement of tbe material facts.
1Opinion of the CourtJudge, J.
We will first dispose of tbe question involving tbe correctness of tbe several rulings of tbe court below, which resulted in charging tbe executor with interest, notwithstanding be sought to relieve himself therefrom by tbe statutory affidavit; and we will consider this question without reference to tbe sufficiency of tbe affidavit, which was excepted to, on tbe ground that it did not meet tbe requirements of section 1813 of tbe Code.
It appears that tbe testator, by bis will, bequeathed certain specific property to particular persons, and directed that all tbe balance of bis estate should be…
2Cases cited8 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Mims v. SturdevantSupreme Court of Alabama · 1860
- Hughes v. MitchellSupreme Court of Alabama · 1851
- Anderson's Ex'r v. Anderson's HeirsSupreme Court of Alabama · 1861
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3Cited by4 opinions
- Richardson v. McCloskeyCourt of Appeals of Texas · 1924
- Mellen v. MellenNew York Supreme Court · 1882
- Turner's Adm'r v. WhittenSupreme Court of Alabama · 1867
- King v. BrownSupreme Court of Alabama · 1895