Glenn's Adm'r v. Billingslea
Supreme Court of Alabama
Appeal from the Chancery Court bf Montgomery. Heard before the Hon. IT. Austill. The bill in this case was filed on the 22d August, 1877, by William T. Hatchett, as the administrator de bonis non of the estate of Robert J. Glenn, deceased, against Mrs. Harriet Billingslea and her husband, H. C. Billingslea, and the heirs and-distributees of the estateiof said decedent; and sought to compel a settlement of Mrs. Billingslea’s administration on said estate.
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Appeal from the Chancery Court bf Montgomery. Heard before the Hon. IT. Austill. The bill in this case was filed on the 22d August, 1877, by William T. Hatchett, as the administrator de bonis non of the estate of Robert J. Glenn, deceased, against Mrs. Harriet Billingslea and her husband, H. C. Billingslea, and the heirs and-distributees of the estateiof said decedent; and sought to compel a settlement of Mrs. Billingslea’s administration on said estate. Said R. J. Glenn died, as appears from the allegations of the bill, on the 4th May, 1858, in said county of Montgomery, where he resided,…
1Opinion of the CourtStone, J.
This case raises the question of the right to remove an administration settlement from the Probate to the Chancery Court, on the application of the administrator de bonis non, who succeeded to the administration. This is not like the application of an administrator to remove his own settlement. The administrator de bonis non has the right, and it is his duty, to reduce to his possession all the assets of the estate, whether changed in form or not, which .the former administrator has not disbursed in due course of administration; with the exception, that the outgone administrator may retain…
2Cases cited38 opinions
- Gould v. HayesSupreme Court of Alabama · 1851
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
33 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Phillips v. ReavesSupreme Court of Alabama · 1935
- Kimball v. Cunningham Hdw. Co.Supreme Court of Alabama · 1916
- Harland v. PersonSupreme Court of Alabama · 1890
12 more not listed; retrieve them via the Exa API.