Henderson v. Simmons
Supreme Court of Alabama
Appeal from the Probate Court of Talladega. In tbe matter of tbe estate of Edward Henry, deceased, on final settlement of the accounts of the administratrix, Mrs. Angelina Simmons, at the instance of a succeeding administrator de bonis non, John Henderson. The intestate died in September, 1852, leaving a widow, but no living children ; but his widow, about six weeks after liis death, gave birth to a posthumous child.
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Appeal from the Probate Court of Talladega. In tbe matter of tbe estate of Edward Henry, deceased, on final settlement of the accounts of the administratrix, Mrs. Angelina Simmons, at the instance of a succeeding administrator de bonis non, John Henderson. The intestate died in September, 1852, leaving a widow, but no living children ; but his widow, about six weeks after liis death, gave birth to a posthumous child. On the 20th September, 1852, a paper which purported to be the last will and testament of the decedent, and in which the great bulk of his estate was bequeathed and devised to…
1Opinion of the Court
STONE, J.—
The facts in this record are not full enough, to satisfy us that the probate court committed any error in the matter of the corn sold.
Mrs. Simmons, having occupied the house and lot in - the town of Talladega during the greater part of the year 1854, is chargeable with a reasonable rent therefor. Smith v. King, 22 Ala. 558.
The court did not err in allowing voucher No. 1. The repairs on the house and lot are shown to have been necessary, and the testimony satisfies us that they were performed. We find nothing in the record to convince us that the repairs were not worth the price…
2Cases cited9 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Reese v. GreshamSupreme Court of Alabama · 1856
- Scott's EstateSupreme Court of Pennsylvania · 1845
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3Cited by44 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- W. T. Huff. v. J. H. Huff, Admstr.Texas Supreme Court · 1939
- Dodd v. . AndersonNew York Court of Appeals · 1910
- Clark v. TurnerNebraska Supreme Court · 1897
- Taylor v. CrookSupreme Court of Alabama · 1902
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