Petty v. Britt's Legatees
Supreme Court of Alabama
Appeal from tbe Probate Court of Barbour. Tried before Hon. H. C. Eussell. This was a petition by Enoch Mills, the administrator de bonis non, with the will annexed of Matthew Britt, deceased, in which Virginia Mills, wife of said Enoch Mills, by him as her next friend, and Matthew, Sarah, Moses, and John Britt, legatees, &o., joined, alleging that the final settlement of said estate, by Benjamin F. Petty, administrator of said estate, made on 3d December, 1866, is null and…
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Appeal from tbe Probate Court of Barbour. Tried before Hon. H. C. Eussell. This was a petition by Enoch Mills, the administrator de bonis non, with the will annexed of Matthew Britt, deceased, in which Virginia Mills, wife of said Enoch Mills, by him as her next friend, and Matthew, Sarah, Moses, and John Britt, legatees, &o., joined, alleging that the final settlement of said estate, by Benjamin F. Petty, administrator of said estate, made on 3d December, 1866, is null and void, and not binding on them, and praying that said Petty be required to make a final settlement of his accounts, &c.,…
1Opinion of the CourtPeters, J.
A judgment, without notice to the parties interested in the subject of litigation, is not conclusive as to them, but it is void. — Minor E. 14, 23. In the final settlement of the administration of an estate, the minors are brought into court by a guardian ad litem, if they have no regular guardian. Here the guardian did not accept his *496appointment, and did not appear for the minors. They were, therefore, not in court at the settlement. Such settlement has heretofore been denounced as void. — Laird, adm’r, v. Reese, 43 Ala. 143 ; Searcey v. Holmes et al., adm’rs, 43 Ala. 608.
The overruling the…
2Cases cited3 opinions
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866
- Whigham v. PickettSupreme Court of Alabama · 1869
- Searcy v. HolmesSupreme Court of Alabama · 1869
3Cited by1 opinion
- Griffin v. ProctorSupreme Court of Alabama · 1943