Willis v. Rice
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard, before Hon. Thomas H. Smith. Bill by Kate Bice and others against Byrd C. Willis to require a settlement of guardianship accounts.
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Appeal from Mobile Chancery Court. Heard, before Hon. Thomas H. Smith. Bill by Kate Bice and others against Byrd C. Willis to require a settlement of guardianship accounts. Decree for complainants and respondents appeals. , The final settlement between the guardian and ward is conclusive in the absence of fraud.- — Meyer, et al. v. Rives, 11 Ala. 760; Randel v. Wadsworth, 130 Ala. 637; Malone v. Kelly, 54 Ala. 532; Ferguson v. Lowery,' 54 Ala. 510. Two years’ acquiesence in the final settlement, in the absence of fraud, is conclusive on the ward. — Almon v. Otoen, 31 Ala. 167; Moore v.…
1Opinion of the CourtDenson, J.
— The purpose of this litigation is to compel Byrd C. Willis, guardian of complainants, Mrs. Kate Rice (nee Brasfield) and Sallie Brasil eld, to make settlement of his accounts as such guardian. Willis became guardian of complainants, by appointment of the probate court of Greene county, when they were infants of tender years. The guardianship -was subsequently removed to Mobile county, where the guardian had taken up his residence. Said guardianship continued through the period of the wards’ minority.
The bill shows that an annual or partial settlement was made of his accounts by the guardian…
2Cases cited11 opinions
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Ferguson v. LowerySupreme Court of Alabama · 1875
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Smith v. Kennard'sSupreme Court of Alabama · 1863
- Harraway v. HarrawaySupreme Court of Alabama · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cartwright v. BralySupreme Court of Alabama · 1928
- Sims v. RigginsSupreme Court of Alabama · 1917
- Jordan v. HarberSupreme Court of Georgia · 1931
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
13 more not listed; retrieve them via the Exa API.