Stallworth's Adm'r v. Farnham
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard before the Hon. H. Austill. The bill in this case was filed on the 2d June, 1877, by Joseph H. Thomas, as the administrator de bonis non of the estate of C. J. Stallworth, deceased, against Mrs. Susan J. Cunningham individually, and as the executrix of the last will and testament of her deceased husband, James Cunningham, who was the administrator in chief of the estate of said C. J. Stallworth; and also against John H.…
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Appeal from the Chancery Court of Conecuh. Heard before the Hon. H. Austill. The bill in this case was filed on the 2d June, 1877, by Joseph H. Thomas, as the administrator de bonis non of the estate of C. J. Stallworth, deceased, against Mrs. Susan J. Cunningham individually, and as the executrix of the last will and testament of her deceased husband, James Cunningham, who was the administrator in chief of the estate of said C. J. Stallworth; and also against John H. Farnham and E. W. Martin, as sureties on the official bond of said James Cunningham as such administrator; and sought to…
1Opinion of the CourtBeiokell, C. J.
By the common law, as it was recognized and administered by this court, an administrator whose authority ceased by resignation or removal, or the personal representatives of a deceased administrator, could be required to account only to the persons beneficially interested in the estate, — distributees, next of kin, or creditors. An administrator de bonis non succeeded only to the goods and chattels, rights and credits of the intestate, which were unconverted or unadministered by the administrator in chief. He was without authority, as the administrator in chief was without duty to him, for…
2Cases cited11 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- King v. SmithSupreme Court of Alabama · 1849
- Taliferro v. BassettSupreme Court of Alabama · 1842
- Gray v. JenkinsSupreme Court of Alabama · 1854
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3Cited by5 opinions
- Street v. HenrySupreme Court of Alabama · 1899
- Woods v. LeggSupreme Court of Alabama · 1890
- Cowan v. PerkinsSupreme Court of Alabama · 1926
- Bradford's Adm'r v. BradfordSupreme Court of Alabama · 1880
- Williams v. RaganSupreme Court of Alabama · 1907