Woods v. Legg
Supreme Court of Alabama
Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 5th November, 1887, by Gustavus Legg, as administrator de bonis non of the estate of John W. Towns, deceased, against R. W. Woods and M. F. Rice, as administrators of the estate of Sampson Harden, deceased, who was the administrator in chief of skid Towns, said Rice being also one of the sureties on his administration bond; and sought to compel a settlement…
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Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 5th November, 1887, by Gustavus Legg, as administrator de bonis non of the estate of John W. Towns, deceased, against R. W. Woods and M. F. Rice, as administrators of the estate of Sampson Harden, deceased, who was the administrator in chief of skid Towns, said Rice being also one of the sureties on his administration bond; and sought to compel a settlement of said Harden’s administration on the estate of said Towns, and to charge said administrators with the amount of a…
1Opinion of the CourtColeman, J.
The Probate Court is without jurisdiction to render a decree against the surety of a deceased administrator in chief, and the administrator de bonis non, in such case, may resort to a court of equity, in the first instance, against the personal representative of the deceased administrator in chief, and his sureties as such, and compel a final settlement of his administration.—Martin v. Ellerbee, 70 Ala. 340; Stallworth v. Farnham, 64 Ala. 259; Glenn v. Billingslea, 64 Ala. 351. The demurrer to the bill as a whole was properly overruled.
The important question in the case is, the right of an…
2Cases cited14 opinions
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