King v. Brown
Supreme Court of Alabama
Appeal from Probate Court of Franklin. Heard before Hon. W. M. "VValterip. On final settlement by W. P. Brown, administrator cle bonis nun of the estate of Joseph Brown, deceased, in the probate court of Franklin county, Mrs. M. E. King, one of the distributees objected to the allowance by the court of certain items of credit claimed by the administrator in his statement of account, which objections were overruled.
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Appeal from Probate Court of Franklin. Heard before Hon. W. M. "VValterip. On final settlement by W. P. Brown, administrator cle bonis nun of the estate of Joseph Brown, deceased, in the probate court of Franklin county, Mrs. M. E. King, one of the distributees objected to the allowance by the court of certain items of credit claimed by the administrator in his statement of account, which objections were overruled. Under the opinion in this case the nature of the items and the objections thereto need not be stated, as no bill of exceptions was taken, and the rulings of the probate court were…
1Opinion of the CourtHead, J.
Upon final settlement of an administration items of account allowed in a previous settlement are presumed to be correct. — Code § 2149. It necessarily follows, that the burden of overcoming this presump*70tion rests upon the distributees. — Dickie v. Dickie, 80 Ala. 57. The evidence upon which, the probate judge acted, in rendering the decree appealed from, is not brought before us, and hence there is nothing to show that the burden was met by the appellants. — Mims v. Mims, 39 Ala. 716. Error is not presumed, and if necessary to support the decree, we would intend that the distributees agreed…
2Cases cited5 opinions
- Dickie v. DickieSupreme Court of Alabama · 1885
- Key v. VaughnSupreme Court of Alabama · 1849
- Blackwell v. VastbinderSupreme Court of Alabama · 1844
- Mims' Adm'r v. MimsSupreme Court of Alabama · 1866
- Smith v. HooperSupreme Court of Alabama · 1852