Willis v. Willis' Adm'r
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Montgomery. From the record in this case, it appears that the plaintiff in error, as the administrator of Britton Willis, deceased, was summoned to renew his bond, or show 'cause why the letters of administration previously granted to him, should not be revoked. He failed to renew his bond as required ; thereupon his letters of administration were revoked, and an order was made for the settlement of his accounts on a day designated.
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Writ of Error to the Orphans’ Court of Montgomery. From the record in this case, it appears that the plaintiff in error, as the administrator of Britton Willis, deceased, was summoned to renew his bond, or show 'cause why the letters of administration previously granted to him, should not be revoked. He failed to renew his bond as required ; thereupon his letters of administration were revoked, and an order was made for the settlement of his accounts on a day designated. At the day appointed, the plaintiff filed his accounts and vouchers for settlement; whereupon the court appointed a…
1Opinion of the CourtCollier, C. J.
By an act passed in 1806, the Orphans’ Court is invested with full power to require the renewal of administration bonds, where the security previously given shall be insufficient. “ And if it appear upon examination, that 'any administrator hath embezzled, wasted, or misapplied all, or any part of the decedent’s estate, or shall refuse or neglect to give bond with security as aforesaid; the said court may forthwith revoke or repeal the letters of administration ; and thereupon grant letters of administration to such other person or persons having a right thereto, as will give bond in manner…
2Cases cited2 opinions
- Crenshaw v. HardySupreme Court of Alabama · 1842
- Judge of Benton County Court v. PriceSupreme Court of Alabama · 1844
3Cited by6 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- King v. SmithSupreme Court of Alabama · 1849
- Stallworth's Adm'r v. FarnhamSupreme Court of Alabama · 1879
- Nolly v. WilkinsSupreme Court of Alabama · 1847
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