Hatchett v. Curbow
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. JAMES Q,. SMITH. Joseph Curbow and Lyman A. Hitchcock, as executors of the will of H. W. Hitchcock, deceased, brought suit against William T. Hatchett, to recover the value of a marble slab placed over the grave of William H. Ogbourne. The defendant pleaded, in short, by consent: “ 1. General issue.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JAMES Q,. SMITH. Joseph Curbow and Lyman A. Hitchcock, as executors of the will of H. W. Hitchcock, deceased, brought suit against William T. Hatchett, to recover the value of a marble slab placed over the grave of William H. Ogbourne. The defendant pleaded, in short, by consent: “ 1. General issue. “ 2. That the estate of the said William H. Ogbourne, was, on the 26th day of December, 1874, reported by this defendant, who ivas then the administrator thereof, insolvent, to the Probate Court of Montgomery county, which Probate…
1Opinion of the Court
STONE, J.—
"All claims against the estate of a deceased person, must be presented within eighteen months after the .same have accrued, or within eighteen months after the grant of letters testamentary, or of administration; and if not presented within that time, are forever barred.
The presentation may be made, either to the executor or administrator, or by filing the claim, or a statement thereof, in the office of the judge of probate in which letters were granted; in which case, the same must be docketed, with a note of the time of such presentation; and if required, a statement must be given…
2Cases cited4 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
3Cited by8 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Phillips v. First Nat. BankSupreme Court of Alabama · 1922
- Page v. SkinnerSupreme Court of Alabama · 1929
- Kennedy v. ParksSupreme Court of Alabama · 1928
- Wright v. MenefeeSupreme Court of Alabama · 1932
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