Tayloe v. Bush
Supreme Court of Alabama
Appeal from Marengo Probate Court. Tried before Hon. Jas. W. Tatloe. In the matter of the final settlement of the administration of John W. Bush upon the estate of W. K. Paulling, deceased. As shown by the record, “ W. K. Paulling was living on a large plantation in Marengo county during the early part of the year 1876, and at the time owned a large amount of real and personal property in said county, but had no hands or supplies to run the place with.”
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Appeal from Marengo Probate Court. Tried before Hon. Jas. W. Tatloe. In the matter of the final settlement of the administration of John W. Bush upon the estate of W. K. Paulling, deceased. As shown by the record, “ W. K. Paulling was living on a large plantation in Marengo county during the early part of the year 1876, and at the time owned a large amount of real and personal property in said county, but had no hands or supplies to run the place with.” It was further proved that his real estate was involved in litigation; that such litigation ended adversely to his interests, and that it so…
1Opinion of the CourtBbickell, C. J.
An executor or administrator is not ■only authorized, but is required to make partial or annual settlements of his administration. — Code of 1876, § 2508. When such settlement is made in the mode prescribed by statute, it is not upon the final settlement conclusive, but every item of account included in it may be re-examined. The statute, however, attaches to it the presumption of correctness, and the “ laboring oar” is upon the party impeaching and proposing to re-examine it.—Code of 1876, §§ 2531-32 ; Holman v. Sims, 39 Ala. 709 ; Jones v. Jones, 42 Ala. 218. The errors supposed to lie in…
2Cases cited12 opinions
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3Cited by20 opinions
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