Barnett's v. Tarrence
Supreme Court of Alabama
Error to the Court of Probate of Dallas. David Barnett died in the year 1828, and his will was admitted to probate at the September term, 1828, of the Orphans’ Court of Dallas County, by which he appointed William Barnett and James Olds his executors, to whom letters testamentary were granted at the same term.
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Error to the Court of Probate of Dallas. David Barnett died in the year 1828, and his will was admitted to probate at the September term, 1828, of the Orphans’ Court of Dallas County, by which he appointed William Barnett and James Olds his executors, to whom letters testamentary were granted at the same term. The will provides that the estate shall be kept together for the use of the widow until the 1st day of January, 1830, and at that time should be distributed among the testator’s widow and heirs at law, according to the laws of distribution of this State. The executors proceeded to pay…
1Opinion of the CourtLigon, J.
The final settlement of the estate of David Barnett, deceased, made in June, 1832, does not appear to have been in any manner questioned in the court below on the trial from which this writ of error is prosecuted, or, in other words, it does not appear that the fairness of that settlement, as to the assets of the estate embraced in it, was denied; its character as a final settlement of the whole estate of the testator was alone put in issue.
It is true the record does not show that the parties in interest were all brought in as the statute requires, or that the notices were regularly served,…
2Cases cited1 opinion
- Rhodes v. TurnerSupreme Court of Alabama · 1852
3Cited by17 opinions
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- Harrison v. HeflinSupreme Court of Alabama · 1875
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
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