Cowan v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by the appellants against William G. Jones, as the administrator of Edward 0. Branch, deceased, who was the father of Mrs. Cowan.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Wade Keyes. This bill was filed by the appellants against William G. Jones, as the administrator of Edward 0. Branch, deceased, who was the father of Mrs. Cowan. Its material allegations, in substance, were as follows: That the defendant became the administrator of said decedent, by regular appointment from the Orphans’ Court of Greene county, in October, 1838, and took possession of all the assets of his estate; that he settled up the estate in 1843, and paid off to all the distributees except Mrs. Cowan their distributive…
1Opinion of the Court
CHILTON, O. J.-
The complainants concede by their bill that a final settlement has been made by the appellee of the estate of his intestate, and it -follows that, if such settlement is to stand, it is an end of this "controversy. They charge, however, that this settlement was fraudulent — that *324the Orphans’ Court was deceived by the appellee, who claimed and obtained credit for alleged payments to one Giles, as guardian of Mrs. Oowan, when in fact he was not the guardian, but had, to the knowledge of appellee, been removed.
No proof has been taken to establish any fraud in obtaining the decree…
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