Simmons v. Knight
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In the matter of the final settlement and distribution of the estate of Mrs. Lavinia Adams, deceased, by A. M. Simmons, her administrator.
Read the full summary
Appeal from the Probate Court of Lowndes. In the matter of the final settlement and distribution of the estate of Mrs. Lavinia Adams, deceased, by A. M. Simmons, her administrator. C. W. Knight applied to the court by petition, stating that, in February, 1856, he had purchased at execution sale the entire interest of three of the heirs-at-law and distributees in the real estate, which had been afterwards sold, under an order of the probate court for division ; and praying a decree in his favor for their interests in the proceeds. On the final settlement, the coui’t rendered a decree in favor…
1Opinion of the CourtR. W. Walker, J.
In Graham v. Abercrombie, 8 Ala. 552, it was held, that the assignee of an integral share of an estate is entitled, on the final settlement of the administrator in the orphans’ court, to a decree in his own name for the distributive share assigned to him. This decision appears to have been approved in the subsequent case of Petty v. Wafford, 11 Ala. 148. In Smith & Lovelass v. Hall, 20 Ala. 777, the subject was carefully reviewed; and the majority of the court, while expressing a willingness to abide by the‘previous decisions just referred to, refused to extend them to a case in which the…
2Cases cited2 opinions
- Graham v. AbercrombieSupreme Court of Alabama · 1845
- Smith v. HallSupreme Court of Alabama · 1852
3Cited by5 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Sanders v. HeppSupreme Court of Georgia · 1940
- Lowery v. Louisville N. R. Co.Supreme Court of Alabama · 1934
- Vincent v. DanielSupreme Court of Alabama · 1877
- Spear v. BanksSupreme Court of Alabama · 1899