Sharp's Adm'r v. Sharp
Supreme Court of Alabama
Appeal from the Probate Court of Macon. In the matter of the estate of William S. Sharp, deceased, which was declared insolvent in December, 1854, on the report of Arnold Seale and Jehu Sharp, the executors of his last will and testament; and said Arnold Seale thereupon appointed administrator by the court.
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Appeal from the Probate Court of Macon. In the matter of the estate of William S. Sharp, deceased, which was declared insolvent in December, 1854, on the report of Arnold Seale and Jehu Sharp, the executors of his last will and testament; and said Arnold Seale thereupon appointed administrator by the court. On final settlement of said administratoi'’s accounts, the decedent’s widow moved the court to chai’ge him with the sum of $8,139 94, received by him on the 5th February, 1856, from- the executor of William Sharp, deceased, who was the father of said William S. Sharp, and who died in…
1Opinion of the CourtR. W. Walker, J.
1. The court did not err, in refusing to allow the appellant credit for the amount paid by him on the decree in favor of Jefferson R. ITerrin, administrator de bonis non of Wm. Herrin. That decree, not having been filed within the required period as a claim against the estate, lost its character as a subsisting debt; and the appellant was not bound, and had no legal right, to apply the assets of the estate towards its payment. Murdock v. Rousseau, 32 Ala. 611; Sharp v. Herrin, 32 Ala. 502; Code, § 1847; Puryear v. Odom, Puryear, at the last term.
2. Where a testator gives property to his…
2Cases cited8 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Mowatt v. CarowNew York Court of Chancery · 1838
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Martin v. KirbySupreme Court of Virginia · 1854
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
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3Cited by3 opinions
- Guesnard v. GuesnardSupreme Court of Alabama · 1911
- Summers v. SummersSupreme Court of Alabama · 1916
- Dodge v. CoffinSupreme Court of Kansas · 1875