Hall v. Santangelo
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Final settlement of E. D. Hall as administrator of the estate of Frank Santangelo, deceased, contested by the heirs of said Santangelo. From a decree disallowing counsel fees and commissions to the administrator, the administrator appeals.
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Appeal from Jefferson Probate Court. Heard before Hon. J. P. Stiles. Final settlement of E. D. Hall as administrator of the estate of Frank Santangelo, deceased, contested by the heirs of said Santangelo. From a decree disallowing counsel fees and commissions to the administrator, the administrator appeals. The expenses of litigation incurred by an executor from a reasonable regard for the interest of the estate must be allowed.— Alexander v. Bales, 127 Ala. 328; Carroll v. Moore, 7 Ala. 617; Could v. Hayes, 19 Ala. 438; Smith v. Canard, 38 Ala. 708. The law does not visit executors or…
1Opinion of the CourtMcCLELLAN, J.
This appeal, prosecuted by the personal representative, brings up for review the ruling of the probate court in disallowing certain items of credit claimed by the administrator on his final settlement.
The cross-assignment of error by the appellees cannot be considered, since it does not appear that a cross-appeal was taken, nor is there the requisite consent by the appellant for the cross-assignment of errors or a joinder in error therein by the appellant. — Rule 3, S. C. P., Code, p. 1507.
The items thus disallowed as credits, which appellant’s counsel insists, in brief, were erroneously so…
2Cases cited4 opinions
- Rocca v. ThompsonSupreme Court of the United States · 1912
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Carpigiani v. HallSupreme Court of Alabama · 1911
3Cited by8 opinions
- Cooke v. WilbanksSupreme Court of Alabama · 1931
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1935
- City of Birmingham v. BrockSupreme Court of Alabama · 1942
- In Re Estate of FelberOregon Supreme Court · 1951
- Sovereign Camp, W. O. W. v. FeltmanSupreme Court of Alabama · 1936
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