Sankey's Ex'rs v. Sankeys Distributees
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery county. This proceeding is on behalf of the distributees of Sankey against his executors, to compel a distribution of the assets of his estate. The cause was here at a .former term, [see G Ala.
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Writ of Error to the Circuit Court of Montgomery county. This proceeding is on behalf of the distributees of Sankey against his executors, to compel a distribution of the assets of his estate. The cause was here at a .former term, [see G Ala. Rep. 607,] when the decree was reversed because no guardian ad lilem had been appointed for one of the infant parties .interested in the distribution, and because the decree, in part, was rendered in favor of such guardian as should thereafter be appointed. The cause was remanded for further proceedings, to be had in conformity with the opinion then…
1Opinion of the CourtGoldthwaite, J.
1. When this cause was here at a former term, the judgment then existing was reversed for several reasons, but the proceedings in the Court below were considered regular down to the ascertainment of the amount of the assets in the hands of the executors ; the cause was then remanded, that a proper judgment might be rendered, when a guardian should be appointed to the infant distributee, and the privilege was reserved to the guardian to reinvestigate the accounts of the executors, if he should so elect. [6 Ala. Rep. 607.], It now appears that the executor contesting the settlement was named as…
2Cases cited2 opinions
- Executors of Sankey v. Heirs of SankeySupreme Court of Alabama · 1844
- Merrill v. JonesSupreme Court of Alabama · 1841