Reynolds' Adm'rs v. Reynolds' Distributees
Supreme Court of Alabama
Writ of Error to the Orphan’s Court of Coosa. This was a proceeding in the court below for the distribution and final settlement of the estate of the intestate of the plaintiffs in error.
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Writ of Error to the Orphan’s Court of Coosa. This was a proceeding in the court below for the distribution and final settlement of the estate of the intestate of the plaintiffs in error. The facts of the case are sufficiently shown in the opinion of the court. made the following points: 1. The order appointing commissioners to distribute the estate and assets of the intestate is irregular in directing distribution to be made of the debts which have not been collected by the administrators. [Clay’s' Dig. 196, $ 22; 1 Ala. 594; 9 Id. 330.] 2. It appears from the record that one of the…
1Opinion of the CourtCollier, C. J.
The statute directs that commissioners shall be appointed within three months after the estate of an intestate is reported solvent, to make distribution of the same among the persons entitled to it: “ Provided, that when such division and distribution cannot be equitably effected without manifest injury to the legatees, or other legal representatives, in that case such estate shall be exposed to public sale as heretofore.” Clay’s Dig. 196, § 22.
It is recited in the order appointing commissioners iu the case at bar, that the aggregate of the estate of the intestate to be distributed, amounts…
2Cases cited3 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Leavens v. ButlerSupreme Court of Alabama · 1839
- Boyett v. KerrSupreme Court of Alabama · 1844
3Cited by4 opinions
- Driver v. HudspethSupreme Court of Alabama · 1849
- Beem v. KimberlyWisconsin Supreme Court · 1888
- Hollis v. CaughmanSupreme Court of Alabama · 1853
- Savage v. DicksonSupreme Court of Alabama · 1849