Pollard v. Scears' Adm'r.
Supreme Court of Alabama
Appeal from the Court of Probate of G-reene. ' On the final settlement by Lewis P. Leonard of his administration on the estate of Martha Scears, deceased, at the October term of said probate court, 1855, the following proceedings were had: “It1 appeared in evidence, that the heirs of the said estate were, Willis Pollard, Richard Pollard, Lewis P. Pollard, and the heirs of Austin Pollardj deceased, (namely, Austin Pollard, jr., Oscar Pollard, Osborne H. Pollard, and Martha W.…
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Appeal from the Court of Probate of G-reene. ' On the final settlement by Lewis P. Leonard of his administration on the estate of Martha Scears, deceased, at the October term of said probate court, 1855, the following proceedings were had: “It1 appeared in evidence, that the heirs of the said estate were, Willis Pollard, Richard Pollard, Lewis P. Pollard, and the heirs of Austin Pollardj deceased, (namely, Austin Pollard, jr., Oscar Pollard, Osborne H. Pollard, and Martha W. Armstrong, wife of Thomas T. Armstrong,) who were children and grand-children by her first husband, and John and…
1Opinion of the CourtStone, J.
An administrator, who has personal assets, in value sufficient to pay the debts of his intestate, is not bound to plead the statute of limitations. — Knight v. Godbolt, 7 Ala. 304; Hall, Weeks & Co. v. Darrington, 9 Ala. 502; Ex parte Perryman and Wife, 25 Ala. 79. When a resort to the realty is • necessary, to raise a fund to pay the debts, a different rule, for an obvious reason, prevails. — Bond v. Smith, 2 Ala. 660. In this case, we are not informed that the real estate was called into requisition, and hence conclude that the debts were paid with the personalty, the primary-fund for that…
2Cases cited5 opinions
- Heirs of Bond v. SmithSupreme Court of Alabama · 1841
- Hallet v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Distributees of Knight v. GodboltSupreme Court of Alabama · 1845
- Hall, Weeks & Co. v. DarringtonSupreme Court of Alabama · 1846
- Ex parte PerrymanSupreme Court of Alabama · 1854
3Cited by10 opinions
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Smith v. FellowsSupreme Court of Alabama · 1877
- Allen v. ElliottSupreme Court of Alabama · 1880
- In Re Estate of SmithSupreme Court of Iowa · 1949
- May v. MathersSupreme Court of Alabama · 1937
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