Gerald v. Miller's Distributees
Supreme Court of Alabama
Error to the Chancery Court of Monroe. Tried before the Hon. J. W. LesesNe. This was a bill filed by Wm. Miller and the other complainants as the heirs at law and next of lcin of Simon Miller, deceased.
Read the full summary
Error to the Chancery Court of Monroe. Tried before the Hon. J. W. LesesNe. This was a bill filed by Wm. Miller and the other complainants as the heirs at law and next of lcin of Simon Miller, deceased. The bill alleges, that Simon Miller died in the county of Monroe, in the year 1847, possessed of an estate of the value of $2,000, or upwards; that administration of his estate was first committed to one Bell; that the complainants are his heirs at law and next of kin; that sometime in the year 1847, after the death of the said Simon Miller, the defendant Gerald came to South Carolina where…
1Opinion of the CourtPhelan, J.
— Whenever it becomes necessary to proceed in equity against an administrator, for tbe recovery of a debt, legacy or distributive share, all tbe obligors in the administration bond may be made parties. Moore et al. v. Armstrong, 9 Por. 697.
It is quite clear, that these complainants bad tbe right to go into a court of equity to have tbe transfer they made to Gerald set aside; and as they were suing for their distributive shares of tbe estate of their uncle, of which be was administrator, in tbe event they succeeded in having that set aside, it was proper to join his sureties on his…
2Cited by3 opinions
- Micou v. Tallassee Bridge Co.Supreme Court of Alabama · 1872
- Engle v. BronaughSupreme Court of Alabama · 1922
- Irvine v. ArmisteadSupreme Court of Alabama · 1871