Sankey's Ex'rs v. Elsberry
Supreme Court of Alabama
Writ of error to the Orphans’ Court of Montgomery. In the matter of the distribution and settlement of the estate of John S. Sankey, deceased.
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Writ of error to the Orphans’ Court of Montgomery. In the matter of the distribution and settlement of the estate of John S. Sankey, deceased. The first order which appears in the transcript of the cause is made f£ on the application of John Elsberry, in right of his wife, Patience, formerly widow of John S. Sankey, deceased, and is, that publication be made for six weeks, requiring James C. Sankey and J. B. Stephens, executors of that estate, to appear and show cause why final settlement and distribution of the estate should not be made. There was at this time also, an order for citation to…
1Opinion of the Court
GOLDTHWAITE, J
1. This cause, when before us at a former term, was brought here against the parties made at the final settlement.of the estate, but the writ of error here only calls in question the interlocutory decree of distribution of the legacy bequeathed to Mrs. Elsberry by the will of her *458former husband. There are some difficulties in the way of considering errors in a decree for partial distribution after a final settlement has been made, but we shall not now advert to them, because, if it is conceded the first decree can be reexamined under such circumstances, we are unable to see…
2Cases cited1 opinion
- Executors of Sankey v. Heirs of SankeySupreme Court of Alabama · 1844
3Cited by4 opinions
- Chighizola v. Le BaronSupreme Court of Alabama · 1852
- Hollis v. CaughmanSupreme Court of Alabama · 1853
- Ward v. OatesSupreme Court of Alabama · 1868
- Moody v. HemphillSupreme Court of Alabama · 1883