Legal Opinion

Bentley v. Dailey

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 2 opinions

Appeal from the Probate Court of Calhoun. Heard before the Hon. Emmett E. Crook. In the matter of the final settlement of the accounts and vouchers of Jacob E. Dailey, as guardian of William C. Bentley.

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Appeal from the Probate Court of Calhoun. Heard before the Hon. Emmett E. Crook. In the matter of the final settlement of the accounts and vouchers of Jacob E. Dailey, as guardian of William C. Bentley. The guardianship commenced before the war, but at what time the record does not show; and several annual or partial settlements had been made — one in 1870, and another in 1871. -On these settlements, the guardian was allowed a credit for $548, Confederate money received by him during the war, and left on his hands at the close of the war. On the final settlement, the ward objected to this…

1Opinion of the CourtMcCLELLAN, J.

This is an appeal from a decree on the final settlement of a guardianship. Two exceptions reserved by the ward in the court below are insisted on here, and these only will be considered, though the assignment of errors embraces others. — 1 Brick. Dig. p. 102, § 285.

These exceptions go to the allowance on this settlement of a credit of $548, collected in Confederate currency, which became valueless by reason of the result of the war, and the amount paid by the guardian to one Cobb, for board of the ward in 1870 and 1871, both of which credits had been allowed on previous annual settlements;…

2Cases cited5 opinions

  1. Mason v. BuchananSupreme Court of Alabama · 1878
  2. Ashley's Administratrix v. MartinSupreme Court of Alabama · 1874
  3. Stewart v. McMurraySupreme Court of Alabama · 1886
  4. Radford's Adm'r v. MorrisSupreme Court of Alabama · 1880
  5. Foust v. Chamblee's AdministratorSupreme Court of Alabama · 1874

3Cited by2 opinions

  1. Cunningham v. CunninghamSupreme Court of Alabama · 1927
  2. Hastings v. HuberSupreme Court of Alabama · 1941

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