Collins v. Clements
Supreme Court of Alabama
Appeal from Tuscaloosa Probate Court. Heard before Hon. W. W. Brandon. Final settlement by Samuel W. Clements as executor of the will of I. L. Collins, with contest of certain items by Mrs. Malissa Collins and others. From the decree rendered, the contestants appeal.
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Appeal from Tuscaloosa Probate Court. Heard before Hon. W. W. Brandon. Final settlement by Samuel W. Clements as executor of the will of I. L. Collins, with contest of certain items by Mrs. Malissa Collins and others. From the decree rendered, the contestants appeal. The contest sought to charge the executor with interest on the total sum in his hands as such, because of a commingling of the funds with his own funds, and their use by him .in his individual capacity, and for failure to loan out the money. The contest further sought to strike from the credits claimed by the administrator…
1Opinion of the CourtAnderson, C. J.
(1, 2) The appellee admitted, as a witness, that he deposited certain funds, belonging to the estate, in the bank to his individual credit, and that he drew upon same for his own use on different occasions. This was such a conversion and commingling of funds as to render him liable to account for the interest on same during the period of conversion, and the trial court erred in not charging him with interest on the fund kept by him in the bank to his individual credit.—Henderson v. Henderson, 58 Ala. 582; 18 Cyc. 258; Pearson v. Darringion, 32 Ala. 227; Ivey v. Coleman, 42 Ala. 409;…
2Cases cited4 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Chancellor v. ChancellorSupreme Court of Alabama · 1912
- Ivey v. ColemanSupreme Court of Alabama · 1868
- Henderson's Adm'r v. Henderson's HeirsSupreme Court of Alabama · 1877
3Cited by10 opinions
- McKleroy v. MusgroveSupreme Court of Alabama · 1919
- First Nat. Bank of Opp v. WeaverSupreme Court of Alabama · 1932
- Walsh v. WalshSupreme Court of Alabama · 1935
- McGallagher v. Estate of DeGeerCourt of Civil Appeals of Alabama · 2005
- Hilley v. General Motors Corp.Court of Civil Appeals of Alabama · 1999
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