Smith v. Smith's Adm'rs
Supreme Court of Alabama
ERROR to the Court of Probate of Chambers. This writ of error is sued out to reverse a decree rendered by the said Court of Probate, on the final settlement of the estate of William C. Smith, deceased.
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ERROR to the Court of Probate of Chambers. This writ of error is sued out to reverse a decree rendered by the said Court of Probate, on the final settlement of the estate of William C. Smith, deceased. The record shows, that, at a regular term of said court, to which the settlement of said estate had been continued, the administrators appeared, and presented their accounts and vouchers for settlement; and that thereupon Sarah J. Smith, the plaintiff in error, guardian of the minor children of Solomon C. Smith, deceased, who was shown to be a son of the intestate, also appeared, and claimed…
1Opinion of the CourtGrOLDTH Waite, J.
— The objection which is taken by tbe plaintiff in error, that tbe issue ascertaining tbe advancement was not made between tbe proper parties, cannot be sustained. It was competent for any of tbe other heirs of tbe intestate to raise tbe objection; and although it would be tbe better practice, whenever it is necessary to form an issue to ascertain whether an advancement has been made by tbe intestate, that tbe proceedings should be conducted in tbe name of tbe administrators as plaintiffs, and tbe party contesting tbe fact of tbe advancement as defendant, yet, if it appears from tbe record,…
2Cases cited1 opinion
- Distributees of Mitchell v. Mitchell's Adm'r.Supreme Court of Alabama · 1845
3Cited by3 opinions
- Jones v. FellowsSupreme Court of Alabama · 1877
- May's Heirs v. May's Adm'r.Supreme Court of Alabama · 1856
- Capell v. LandanoSupreme Court of Alabama · 1859