Judge v. Tyson
Supreme Court of Alabama
Appeal from Lowndes Probate Court. This was a proceeding for final settlement of his administration, between Thomas J. Judge, former administrator of the estate of E. H. Cook, deceased, and John A. Tyson, administrator de bonis non of the same estate. At the hearing, the said Tyson, administrator de bonis, submitted a motion to charge the said Judge, as former administrator, with certain moneys, alleged to have been received by him as administrator as aforesaid.
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Appeal from Lowndes Probate Court. This was a proceeding for final settlement of his administration, between Thomas J. Judge, former administrator of the estate of E. H. Cook, deceased, and John A. Tyson, administrator de bonis non of the same estate. At the hearing, the said Tyson, administrator de bonis, submitted a motion to charge the said Judge, as former administrator, with certain moneys, alleged to have been received by him as administrator as aforesaid. The only evidence adduced was the inventory previously filed by said Judge in said probate court. The rest of the inventory is…
1Opinion of the CourtByrd, J.
It is not shown in whose hand-writing the endorsements on the several packages are, nor whether the money contained in them was received by the decedent as judge of the probate court. But whoever may have made the endorsements, and whether the decedent received the money as judge or not, the inventory and evidence did not authorize the court below to charge appellant with the money. The inventory does not show that appellant is liable as administrator for the money ; it is not shown to have been assets of the estate. The clear inference from the inventory is, that the money is not the…
2Cases cited2 opinions
- Executors of Sankey v. Heirs of SankeySupreme Court of Alabama · 1844
- Jones v. DyerSupreme Court of Alabama · 1852
3Cited by3 opinions
- Wilson v. KaneSupreme Court of Oklahoma · 1993
- In re Estate of Armbruster, Court of Common Pleas of Ohio, Hamilton County1937
- Wilson v. KaneSupreme Court of Oklahoma · 1993