James v. Faulk
Supreme Court of Alabama
Appeal from Chancery Court of Dale. Heard before Hon. B. B. McCraw. The appellees, legatees under the will of Noah Fountain, filed their bill against the appellants, the executors of his last will and testament, and the sureties upon their bond, to compel a final settlement of the estate, in the court of chancery.
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Appeal from Chancery Court of Dale. Heard before Hon. B. B. McCraw. The appellees, legatees under the will of Noah Fountain, filed their bill against the appellants, the executors of his last will and testament, and the sureties upon their bond, to compel a final settlement of the estate, in the court of chancery. The bill alleges that more than eighteen months have elapsed since the grant of the letters testamentary; that no proceedings have been commenced in the probate court for final settlement; that large sums are due the complainants respectively, and that said executors, although large…
1Opinion of the CourtBrickell, C. J.
The demurrer to the bill was properly overruled. No proceeding for a final settlement of the administration had been commenced in the court of probate. Before such proceeding, a legatee may, as a matter of right, without the assignment of any special cause for equitable interposition, resort to equity for a settlement of the administration.—McNeil v. McNeil, 36 Ala. 109.
Administrators and executors are clothed with the power of renting the real estate of the decedent.—R. C. § 2076. The power involves the duty, and if he neglects it, he is answerable for the loss resulting, as he is for the…
2Cases cited5 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Dean v. Rathbone's Adm'rSupreme Court of Alabama · 1849
- Walls & Wire v. GrigsbySupreme Court of Alabama · 1868
3Cited by8 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Tarver v. WeaverSupreme Court of Alabama · 1930
- Bromberg v. BatesSupreme Court of Alabama · 1893
- May v. GreenSupreme Court of Alabama · 1883
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