Teat v. Lee
Supreme Court of Alabama
Error to the County court of Lowndes. Decree for equalising distribution. In this case, the Orphan’s court appointed commissioners to divide the personal property — the estate béing clear of debt. They were ordered to value advancements under the law of hotchpot.
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Error to the County court of Lowndes. Decree for equalising distribution. In this case, the Orphan’s court appointed commissioners to divide the personal property — the estate béing clear of debt. They were ordered to value advancements under the law of hotchpot. The commissioners divided the estate, and charged the plaintiff with seven hundred and ninety-two dollars, and seventy cents, to be paid to the administrator, for the purpose of making the shares of the other heirs equal to that of plaintiff. Upon this report, judgment was rendered in favor of the administrator for that amount, and…
1Opinion of the CourtCollier, C. J.
— Three points have been made upon the record, in this case.
First — It is insisted that the Orphan’s court should not have approved of the division and distribution of the estate of the defendant’s intestate, because it is unequal.
Second — That the advancements of the distributees brought into hotch-pot, have not been valued in the manner the law directs.
Third — There is no law which authorised the rendition of a final decree and award of execution against the plaintiff, as one of the distributees, for an excess of intestate’s estate (beyond his share) received on the distribution.
1. We are…
2Cited by4 opinions
- Edmonds v. StateSupreme Court of Alabama · 1881
- Taylor v. ReeseSupreme Court of Alabama · 1842
- Cawlfield v. BrownSupreme Court of Alabama · 1871
- Montgomery v. GordonSupreme Court of Alabama · 1874