Wilson's Heirs v. Wilson's Adm'r
Supreme Court of Alabama
Error to the Orphans’ Court of Monroe. I. An advancement must be made to the heir of the intestate ? therefore the record should show conclusively, that the advancement was made to the children (and each of them,) of Sarah Hammond. The record states that the advancement was made to Asa Hammond in his lifetime. Asa Hammond had no authority to receive an advancement to his children.
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Error to the Orphans’ Court of Monroe. I. An advancement must be made to the heir of the intestate ? therefore the record should show conclusively, that the advancement was made to the children (and each of them,) of Sarah Hammond. The record states that the advancement was made to Asa Hammond in his lifetime. Asa Hammond had no authority to receive an advancement to his children. He was not their guardian, and it will not be presumed that he liad any authority to receive money for his children. 8. It is the duty of the court to appoint guardians ad litem, for infants, in order to protect…
1Opinion of the Court
CHILTON,'J.
This was a proceeding in the Orphans’ Court of Monroe, for the final settlement of the estate of Mary Wilson, deceased.
*179Upon the settlement, James Robinson, who was the executor of one of the deceased distributees, moved the Orphans’ Court “ to exclude the heirs of Asa Hammond, as legal representatives of the estate of Mary Wilson, upon the ground that the said Asa Hammond received monies, goods, chattels, and effects, in the life-time of the said Mary Wilson, amounting to seven or eight hundred dollars in value, which were received by said Hammond as an advancement to him, and…
2Cases cited4 opinions
- Andrews v. HallSupreme Court of Alabama · 1848
- Lindsay v. StateSupreme Court of Alabama · 1848
- Taylor v. ReeseSupreme Court of Alabama · 1842
- Parks v. StonumSupreme Court of Alabama · 1845
3Cited by9 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Dilley v. LoveCourt of Appeals of Maryland · 1884
- Jones' Heirs v. Jones' AdministratorSupreme Court of Alabama · 1868
- Griffin v. BlandSupreme Court of Alabama · 1869
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