Petty v. Wafford
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Limestone. Petty, as the administrator of the estate of Mildred Petty, was cited by the judge of the orphans court of Limestone ■county, at the instance of Wafford, in right of his wife, one of the heirs of said Mildred Petty, to appear and show cause why a final settlement of his administration should not be made.
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Writ of Error to the Orphans’ Court of Limestone. Petty, as the administrator of the estate of Mildred Petty, was cited by the judge of the orphans court of Limestone ■county, at the instance of Wafford, in right of his wife, one of the heirs of said Mildred Petty, to appear and show cause why a final settlement of his administration should not be made. The citation is returnable to the 2d Monday of February, 1845. No order was taken on the return day, but af-terwards, on the 17th February, it is recited that Petty, the administrator, filed his accounts and vouchers for final settlement.…
1Opinion of the CourtGoldthwaite, J.
1. The errors assigned in this cause are so numerous as to make it inconvenient to examine each in detail, but such of them as question the regularity of the mode by which the administrator was cited to appear, may be disposed of with the remark that they do not affect the proceedings in the least degree. Any one interested in the settlement of an estate is entitled to cite the administrator to make distribution, after the lapse of eighteen months from the grant of administration, and the administrator may either contest the right of the party thus to cite him, or he may proceed to settle the…
2Cases cited3 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- McRae v. PeguesSupreme Court of Alabama · 1842
- Crenshaw v. HardySupreme Court of Alabama · 1842
3Cited by3 opinions
- Hollis v. CaughmanSupreme Court of Alabama · 1853
- Miller v. Parker's Adm'rsSupreme Court of Alabama · 1872
- Vincent v. DanielSupreme Court of Alabama · 1877