Hollis v. Caughman
Supreme Court of Alabama
ERROR to the Court of Probate of Marion. The plaintiff in error was appointed by the Orphans’ Court of Marion county administrator of Daniel Holliday, in March, 1837. On the 13th of March, 1839, he made with the Orphans’ Court, agreeably to notice which had been ordered by the court, a settlement which is called in the record “a final settlement,” by which it is said, he “he stands justly indebted to the legal heirs of said Holliday, deceased, in the sum of $17,800TiW.”
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ERROR to the Court of Probate of Marion. The plaintiff in error was appointed by the Orphans’ Court of Marion county administrator of Daniel Holliday, in March, 1837. On the 13th of March, 1839, he made with the Orphans’ Court, agreeably to notice which had been ordered by the court, a settlement which is called in the record “a final settlement,” by which it is said, he “he stands justly indebted to the legal heirs of said Holliday, deceased, in the sum of $17,800TiW.” The entry then proceeds: “ The estate is large, and, from prospects of new litigation, may put Hollis unavoidably to much…
1Opinion of the CourtPhelan, J.
The nature of the jurisdiction conferred by statute on the Probate Court, touching the settlement and distribution of estates, is two-fold. One branch of this jurisdiction is to make partial settlements and distribution; the other is to make final settlements and distribution. In respect to each, the mode of proceeding prescribed by the statute must be substantially pursued; otherwise, the judgments will be not voidable merely, but void. This is a familiar doctrine, for which it is not necessary to cite authorities.
Partial settlements and distributions may be made with one or more of the…
2Cases cited9 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Boyett v. KerrSupreme Court of Alabama · 1844
- Graham v. AbercrombieSupreme Court of Alabama · 1845
- Brazeale's Adm'r v. Brazeale's DistributeesSupreme Court of Alabama · 1846
- King v. Cabiness' CreditorsSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re White's EstateSupreme Court of Oklahoma · 1935
- Knight v. HamakarOregon Supreme Court · 1901
- Browder v. FaulknerSupreme Court of Alabama · 1886
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
- Smilie v. Siler's Adm'rSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.