McRee v. McRee
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In the matter of the estate of John B. McRee, deceased, on the application of James C. McRee and A. W. Hurst, as the administrators of Caleb P. McRee,' deceased, for a final settlement of their intestate’s administration on the estate of said John B. McRee.
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Appeal from the Probate Court of Lowndes. In the matter of the estate of John B. McRee, deceased, on the application of James C. McRee and A. W. Hurst, as the administrators of Caleb P. McRee,' deceased, for a final settlement of their intestate’s administration on the estate of said John B. McRee. The application was filed on the 14th December, 1857 ; and the court thereupon appointed the 10th January then next for the settlement, and ordered notice and publication in the usual form. On the 11th January, (the 10th being Sunday,) the court proceeded with the settlement, and rendered a final…
1Opinion of the CourtA. J. Walkek, C. J.
The statute requires that notice of the day appointed for the final settlement of an administrator’s accounts should be given. — Code, § 1805. We think the proceedings under the act of 1853-4 (Pamph. Acts, 24,) must be conformable to those prescribed in the Code, and that the same notice would be requisite under that act as under section 1805 of the Code. In this case, the settlement was not made on the day previously appointed, and of which notice was given, and there was no adjournment over from the appointed day. The day appointed was Sunday, and upon that day the court could not act in…
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