Hightower v. Moore
Supreme Court of Alabama
Appeal from Probate Court of Russell county. Tried before Hon. T. L. Appleby. The appeal is taken from the refusal of the probate court to require the appellee, as administrator, to give a new bond. The proof is, that the administrator himself and one of his sureties are virtually insolvent. Another one is apt to pay his debts, but his means are extremely limited.
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Appeal from Probate Court of Russell county. Tried before Hon. T. L. Appleby. The appeal is taken from the refusal of the probate court to require the appellee, as administrator, to give a new bond. The proof is, that the administrator himself and one of his sureties are virtually insolvent. Another one is apt to pay his debts, but his means are extremely limited. The third is dead and his estate has been distributed, but it was worth between fifteen and twenty thousand dollars.' The estate of the intestate has been administered, except some land proposed tó be sold for distribution, and…
1Opinion of the CourtB. E. Saeeold, J.
As the land will probably be sold on terms of credit, payable in installments, the security may be sufficient. The estate is so nearly administered and distributed that the risk is much abated. In Moore v. Wallis, 18 Ala. 458, it was held that the liability incurred *388by the surety on a guardian’s bond is not discharged by his death, although the default occurred afterwards. There is therefore the security of this estate, and it is not probable that the administrator will receive more of the purchase-money of the land, before he can be made to account for it, than there is protection for. On…
2Cases cited1 opinion
- Moore v. WallisSupreme Court of Alabama · 1850
3Cited by5 opinions
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- Hecht v. SkaggsSupreme Court of Arkansas · 1890
- Hecht v. WeaverUnited States Circuit Court · 1888
- Faust v. MurphyMississippi Supreme Court · 1893
- Carver v. BradfordCourt of Civil Appeals of Alabama · 1994