Austin v. Jordan
Supreme Court of Alabama
Appeal from the Probate Court of Madison. In the matter of the estate of John Pipkin, deceased? on the petition of William 0. Austin and others, who claimed to be distributees of said estate, asking that Fleming Jordan, the administrator, might be cited to a final settlement of his accounts.
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Appeal from the Probate Court of Madison. In the matter of the estate of John Pipkin, deceased? on the petition of William 0. Austin and others, who claimed to be distributees of said estate, asking that Fleming Jordan, the administrator, might be cited to a final settlement of his accounts. The petition was filed on the 18th July, 1859, and alleged, that the intestate died in 1833 ; that letters of administration on. his estate were granted to said Jordan, by the probate court of Madison, on the 13th November, 1833; and that said Jordan had never made a final settlement of his…
1Opinion of the CourtStone, J.
The case of Bhodes v. Turner and Wife, 21 Ala. 210, was a proceeding in the probate court of Mobile county, to bring the executor to a settlement of the estate in his hands. In that case, our predecessors said: “ If the parties allow this period (twenty years) to elapse without taking any steps to compel a settlement, we think the presumption of payment arises, and the executor or administrator should be exempted from the necessity of hunting up evidence to prove accounts and vouchers which ordinarily enter into such settlements, and which, after such a lapse of time, it would, perhaps, in…
2Cases cited7 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Milton v. HadenSupreme Court of Alabama · 1858
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Barnett's v. TarrenceSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Goodwyn v. BaldwinSupreme Court of Alabama · 1877
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Philippi v. PhilippiSupreme Court of Alabama · 1878
15 more not listed; retrieve them via the Exa API.