Green v. Distributees of Fagan
Supreme Court of Alabama
Error to the Orphans’ Court of Benton. Before the Hon. Robert H. Wilson, Judge. This cause commenced by the filing of a petition in the court below, in the names of the distributees of William Fagan, jr., deceased, praying that the plaintiff in error, who was administrator of the estate, be compelled to make final settlement of his administration, &c.
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Error to the Orphans’ Court of Benton. Before the Hon. Robert H. Wilson, Judge. This cause commenced by the filing of a petition in the court below, in the names of the distributees of William Fagan, jr., deceased, praying that the plaintiff in error, who was administrator of the estate, be compelled to make final settlement of his administration, &c. At the trial, the widow of the deceased, one of the distributees, moved to dismiss the petition, on the ground that she had not signed it, or authorized any person to do so for her, which motion the court overruled. In the course of the…
1Opinion of the CourtCollier, C. J.
An administrator is bound to defend the estate of his intestate against claims which he believes to be unjust; and if, under an honest impression that a demand is not a proper charge, he employs counsel, he is entitled to charge a reasonable fee against the estate. Davis v. Rawlins, 2 Harring. Rep. 125. Although he is unsuccessful in the suit, yet if he litigated the question of liability in good faith, he shall be reimbursed his costs from the assets of his intestate. Bettis v. Taylor, 8 Port. Rep. 564.
It is fairly inferable from the record before us, that the administrator was entirely…
2Cases cited2 opinions
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Treadwell v. RaineySupreme Court of Alabama · 1846
3Cited by6 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Glenn's Adm'r v. BillingsleaSupreme Court of Alabama · 1879
- Gerald v. BunkleySupreme Court of Alabama · 1850
- Lydick v. ChaneyNebraska Supreme Court · 1902
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