Horton v. Moseley
Supreme Court of Alabama
Error to the Chancery Court of Madison. Tried before the Hon. David G. Ligón. The bill in this case, which was filed by the plaintiff against the defendant in error, alleges that the complainant is the administrator on the estate of bis father Burrell’ Horton, who died in eighteen hundred and thirty-, leaving an estate of seven negroes, and his widow, William Horton, John Horton and the complainant as his only distributees; that he and his brothers on. the death of their…
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Error to the Chancery Court of Madison. Tried before the Hon. David G. Ligón. The bill in this case, which was filed by the plaintiff against the defendant in error, alleges that the complainant is the administrator on the estate of bis father Burrell’ Horton, who died in eighteen hundred and thirty-, leaving an estate of seven negroes, and his widow, William Horton, John Horton and the complainant as his only distributees; that he and his brothers on. the death of their father agreed to let their mother retain the whole of the estate during her life and use it as her own; that she and the…
1Opinion of the CourtParsons, J.
The Orphans’ Court has jurisdiction to settle the accounts of executors and administrators, and to render a final decree for the amount ascertained to be in their hands, in favor of the distributees or those entitled to it, and also to allot to each his proper share thereof. Therefore, when a suit or a proceeding is commenced in the Orphans’ Court for the final settlement of an estate, a court of equity will not interfere and arrest the Orphans’ Court in the exercise of its legitimate jurisdiction, unless some specific fact or circumstance be alleged, which shows that the Orphans’ Court, from…
2Cases cited2 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Rugely v. RobinsonSupreme Court of Alabama · 1846
3Cited by17 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
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