Graham v. Abercrombie
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Lowndes. The transcript of the record .of this cause contains the entire proceedings in relation to the estate of Alex. Abercrombie, from the grant of administration to its final settlement. So much as is necessary to the correct understanding of the errors assigned here, will be recited.
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Writ of Error to the Orphans’ Court of Lowndes. The transcript of the record .of this cause contains the entire proceedings in relation to the estate of Alex. Abercrombie, from the grant of administration to its final settlement. So much as is necessary to the correct understanding of the errors assigned here, will be recited. Administration was granted on the 2d August, 1841, to Martha Abercrombie, the widow of the decedent, and Thomas Aber-crombie ; at the same time an order was made, authorizing them io sell the perishable property of the estate, at public auction, on six months credit. On…
1Opinion of the CourtGoldth Waite, J.
1. The first inquiry here, is with reference to the rights of these plaintiffs to sue out a writ of error on the final decree. In terms, they certainly are not parties to it, and though in it the assumption is made,that James Abercrom-bie once was entitled as a distributee, yet the assumption also is made, that his interest was assigned during his life-time to some other person. The decree is neither in his, or his administrators’ favor; but the representatives of the estate then settled, are directed to retain his distributive share to abide legal process. In this particular, then, the…
2Cases cited2 opinions
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- McRae v. PeguesSupreme Court of Alabama · 1842
3Cited by13 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Proctor v. DicklowSupreme Court of Kansas · 1896
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Brazeale's Adm'r v. Brazeale's DistributeesSupreme Court of Alabama · 1846
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