Crothers v. Heirs of Ross
Supreme Court of Alabama
Error to the Orphans’ Court of Mobile. The facts disclosed by the record, so far as they are material for an understanding of the opinion, are briefly these; Mary T. Ross, the widow of Jack F. Ross, deceased, was appointed administratrix, and William Crothers, the plaintiff in error, adm’r on his estate in November 1S37. On the 12th April 1839, the widow resigned the trust and removed from the State, leaving the estate entirely to the management of said Crothers.
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Error to the Orphans’ Court of Mobile. The facts disclosed by the record, so far as they are material for an understanding of the opinion, are briefly these; Mary T. Ross, the widow of Jack F. Ross, deceased, was appointed administratrix, and William Crothers, the plaintiff in error, adm’r on his estate in November 1S37. On the 12th April 1839, the widow resigned the trust and removed from the State, leaving the estate entirely to the management of said Crothers. The heirs at law, who are the defendants in error, on the 9th February 1S43, filed a petition in the Orphans’ Court, praying for a…
1Opinion of the CourtChilton, J.
In Clarke v. West, 5 Ala. 117, it was said, “ the consequence of a report of insolvency is to make the administrator an actor in the proceeding's.' The action' of the court is invoked by the administrator, and he is bound to take notice of' all subsequent proceedings, until the closing of the estate by a final decree of settlement and distribution.” So, in Williamson et al. v. Hill, 6 Port. Rep. 184, it,was remarked, “ that it was' not for the plaintiffs to' object to the irregularity of notice, which was not intended for the benefit of the personal representative, but for the benefit of…
2Cases cited7 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Duffee v. BuchananSupreme Court of Alabama · 1845
- Boyett v. KerrSupreme Court of Alabama · 1844
- Calloway v. CarpenterSupreme Court of Alabama · 1846
- Williamson v. HillSupreme Court of Alabama · 1837
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3Cited by2 opinions
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Hollis v. CaughmanSupreme Court of Alabama · 1853