Ford v. Ford's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Choctaw. In tké matter of the estate of Mrs. Keziah Ford, deceased,, on final settlement of the accounts and vouchers of James G. Ford as administrator. The decedent died in November,, 1876, and letters oí administration on her estate were duly granted, o'n the 9th February, 1877, to said James G. Ford, wbo was ber son.
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Appeal from the Probate Court of Choctaw. In tké matter of the estate of Mrs. Keziah Ford, deceased,, on final settlement of the accounts and vouchers of James G. Ford as administrator. The decedent died in November,, 1876, and letters oí administration on her estate were duly granted, o'n the 9th February, 1877, to said James G. Ford, wbo was ber son. In May, 1879, tbe administrator filed bis accounts and vouchers for a final settlement, and the 9th June was appointed as tbe day for the settlement. William L. Ford and others, heirs and. distributees of the estate, objected to the account as…
1Opinion of the CourtBrickell, C. J.
When an application to the Court of Probate, by a personal representative, for an order to sell lands for the payment of debts, is contested, it assumes the form, and has the characteristics and properties, of a suit inter partes. The judgment or decree rendered by the court *143is conclusive between tbe parties, in reference to the subject-matter of the suit, and the matters which were in issue and determined. If .the judgment or decree is that the order of sale be granted, it is conclusive that, at the time of its rendition, the personal property of the estate is insufficient for the payment of…
2Cited by13 opinions
- Willis v. WillisWyoming Supreme Court · 1935
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- McCann v. EllisSupreme Court of Alabama · 1911
- Pitts v. HowardSupreme Court of Alabama · 1922
- Hibler v. OliverSupreme Court of Alabama · 1915
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