Reese v. Gresham
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. IN the matter of the estate of George M. Eeese, deceased, of' which the appellee was the administrator, the appellant being the widow of said intestate. An annual settlement of, the administrator’s account was, by consent of parties, treated as a final settlement so far as the widow was concerned ; and from the decree thereon rendered this appeal is prosecuted.
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Appeal from the Probate Court of Lowndes. IN the matter of the estate of George M. Eeese, deceased, of' which the appellee was the administrator, the appellant being the widow of said intestate. An annual settlement of, the administrator’s account was, by consent of parties, treated as a final settlement so far as the widow was concerned ; and from the decree thereon rendered this appeal is prosecuted. The opinion of the court renders it unnecessary to notice particularly either the errors assigned, or the -other facts of the case.
1Opinion of the Court
WALK.EE, J.-
The first assignment of error is not well taken in point of fact. The court below did not deduct the payments made to the different distributees from the aggregate amount for distribution ; but made the deduction of the payments made to the appellant from her share, as ascertained from an allotment to her out of the entire sum for division.
It is settled by the decisions of this court, thát one desiring to revise the action of the probate court, upon a question of fact, must reserve it by exception, or otherwise, and must set out the evidence upon which the CQurt acted, either on…
2Cases cited1 opinion
- Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
3Cited by13 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Parker's Heirs v. Parker's Adm'rSupreme Court of Alabama · 1859
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