Hicks v. Barrett
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bibb. Tried before the Hon. Porter King. This action was brought by Walter Barrett, against Isaac M. Hicks, as one of the sureties on .the official bond of David Lankford as administrator of Jesse Lankford, deceased; and was commenced on the 15th September, 1859. The complaint set out the condition of the bond, which was in the usual form of an administration bond; and alleged as a breach the failure of the administrator to pay a judgment for…
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Appeal from tbe Circuit Court of Bibb. Tried before the Hon. Porter King. This action was brought by Walter Barrett, against Isaac M. Hicks, as one of the sureties on .the official bond of David Lankford as administrator of Jesse Lankford, deceased; and was commenced on the 15th September, 1859. The complaint set out the condition of the bond, which was in the usual form of an administration bond; and alleged as a breach the failure of the administrator to pay a judgment for costs, which the plaintiff in this action had recovered against him, and which is hereinafter copied. The ■ defendant…
1Opinion of the CourtA. J. Walkeb, C. J.
Section 1938 of the Code does not, in our opinion, contemplate a suit by an administrator as the representative of an estate. It^imposes upon the administrator a trust separate and distinct from the administration. The trust is not for the benefit of the estate, but of the widow, children, or next of kin of the deceased. The administrator fills this trust, but he does not do it in the capacity of representative of the estate. It is altogether distinct from the administration, notwithstanding it is filled by the administrator. No judgment for costs, in a suit under that section, could properly…
2Cases cited4 opinions
- Savage v. WalsheSupreme Court of Alabama · 1855
- Stewart v. HoodSupreme Court of Alabama · 1846
- Eckles v. CarterSupreme Court of Alabama · 1855
- Williams v. HinkleSupreme Court of Alabama · 1849
3Cited by12 opinions
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1921
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Board of Trustees of University of Ala. v. HarrellAlabama Court of Appeals · 1965
- Price v. Southern Ry. Co.Supreme Court of Alabama · 1985
- Bessie Kirksey v. Iris JohnsonSupreme Court of Alabama · 2014
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