Savage v. Benham
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Lauderdale. The errors complained of in this cause are supposed to arise out of the decree of the orphans’ court, in the matter of an annual settlement of the estate of Samuel Savage, had before-said court, in 1846, by Benham, the administrator with the-will annexed. The account having been stated by the court, and publication ordered for those interested in the estate to appear, &c.
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Writ of Error to the Orphans’ Court of Lauderdale. The errors complained of in this cause are supposed to arise out of the decree of the orphans’ court, in the matter of an annual settlement of the estate of Samuel Savage, had before-said court, in 1846, by Benham, the administrator with the-will annexed. The account having been stated by the court, and publication ordered for those interested in the estate to appear, &c. Martha Savage, as administratrix of the estate of Samuel G. Savage, deceased, who was a legatee under the will of Samuel Savage, appeared and filed exceptions to certain…
1Opinion of the CourtGoldthwaite, J.
1. We shall first consider the objection taken to Jhe review of this settlement on the ground that a writ of error will not lie until the estate is finally settled. Annual, as distinguished from final settlements, seem to be recognized by much of the legislation previous to the enactment of ’43, under which this settlement was made. Thus, guardians as well as executors and administrators, allowed by the orphans’ court to keep the estates of their testator or intestate together for a period beyond the scope of an ordinary administration, were required to state their accounts annually. [Digest,…
2Cases cited2 opinions
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Harrison v. HarrisonSupreme Court of Alabama · 1846
3Cited by18 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Teague v. CorbittSupreme Court of Alabama · 1877
- Moore v. LesueurSupreme Court of Alabama · 1858
- Craig v. McGeheeSupreme Court of Alabama · 1849
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