Hearne's Adm'x v. Harbison
Supreme Court of Alabama
Writ of error to the Orphans’ Court of Lowndes. It appears from the record, that the plaintiff in error was appointed the administratrix of her intestate on the fifth of December, 1836 ; that on the 23d June, 1843, she filed her account current and vouchers, upon being cited to appear and make final settlement of the estate.
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Writ of error to the Orphans’ Court of Lowndes. It appears from the record, that the plaintiff in error was appointed the administratrix of her intestate on the fifth of December, 1836 ; that on the 23d June, 1843, she filed her account current and vouchers, upon being cited to appear and make final settlement of the estate. Thereupon the “ court gave legal notice to all parties interested, to be and appear at a special Orphans’ Court, on the first Saturday in September, 1843, to file exceptions, or otherwise to plead to said account,” &c. Certain exceptions were filed by one of the…
1Opinion of the CourtCollier, C. J.
The writ of error cannot be dismissed, because all the distributees, who are parties to the decree, are not made defendants here. Our statute authorises an amendment, so as to make the writ conform to the transcript; and it will be amended accordingly.
Several years previous to the final decree in dividing the land and distributing the slaves, the shares allotted to the distributees were not exactly equal, and to make up for the inequality, the court ordered that the larger portions should be charged with the deficit in the smaller, and thus the distribution equalized. But although it was so…
2Cases cited1 opinion
- Executors of Sankey v. Heirs of SankeySupreme Court of Alabama · 1844
3Cited by5 opinions
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