Davis v. Davis
Supreme Court of Alabama
Error to the Orphans’ Court of Autauga. The plaintiff in error was cited by the orphans’ court of Autauga, to settle his accounts as guardian of the defendant in error, and failing to appear, the Judge of the orphans’ court proceeded to state the account in his absence, and cited him to appear at a succeeding term, and file his accounts and vouchers.
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Error to the Orphans’ Court of Autauga. The plaintiff in error was cited by the orphans’ court of Autauga, to settle his accounts as guardian of the defendant in error, and failing to appear, the Judge of the orphans’ court proceeded to state the account in his absence, and cited him to appear at a succeeding term, and file his accounts and vouchers. He appeared accordingly, and filed his accounts and vouchers, and the court proceeded to a settlement, and rendered a decree against him for $2,401 58. From an exception taken during the settlement, it appears that the plaintiff in error was the…
1Opinion of the Court
ORMOND, J,
Where the offices of executor, and guardian are united in the same person, he holds the estate in his hands as executor, and does not hold any thing as guardian, which is not separated from the assets of the estate, and placed to his account as guardian. To ascertain the amount in his hands as executor, to which the ward is entitled, it is obvious a settlement of his ■ accounts as executor, would be necessary. This it appears was done in this case, and' upon the settlement, that account was closed by placing the balance to the credit of the minor, which would be a debit, in the…
2Cited by2 opinions
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Knight v. Blanton's HeirsSupreme Court of Alabama · 1874