Caldwell v. Caldwell
Supreme Court of Alabama
Appeal from the Probate Court of Jackson. Tried before the Hon, W. B. Bridges. D. K. Caldwell as the administrator of Hamlin Caldwell, deceased,’ made his final settlement in the probate court. It appeared that one of the distributees, E. H. Caldwell, was indebted to the estate in an amount larger than his distributive share.
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Appeal from the Probate Court of Jackson. Tried before the Hon, W. B. Bridges. D. K. Caldwell as the administrator of Hamlin Caldwell, deceased,’ made his final settlement in the probate court. It appeared that one of the distributees, E. H. Caldwell, was indebted to the estate in an amount larger than his distributive share. This excess of his indebtedness over his distributive share was stated in the decree rendered on the settlement of the administrator and is claimed by E. H. Caldwell to be excessive. The amount of his indebtedness to the estate ivas ascertained in this way: It was agreed…
1Opinion of the Court
■ ■"TYSON,- J.
— Section 239 of the Code* requires on a final 'settlement of an -estate, by an executor or administrator, The probate court to allow such executor or administrator as a set-off against the distributive share of a-distributee any- debt owing the estate by such distri-butee contracted with the deceased in lifetime or with the* executor or administrator in his representative capacity. ■ Should, however, the amount of the debt exceed the distributive share, no decree can be rendered in favor of ’the executor or administrator for the excess, but he will'have to resort to the proper…
2Cited by7 opinions
- International Brotherhood of Teamsters of America v. ShapiroSupreme Court of Connecticut · 1951
- Kentucky River Mills v. JacksonCourt of Appeals for the Sixth Circuit · 1953
- Knutson v. LasherSupreme Court of Minnesota · 1945
- Dent v. FoySupreme Court of Alabama · 1923
- Caldwell v. CaldwellSupreme Court of Alabama · 1913
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