Childress v. Childress
Supreme Court of Alabama
Writ of error to the Orphans’ Court of TuskaJ'oosa county. It appears from the record, that the parties were both legatees under, and executors of the will of James Childress, deceased. Among other bequests by the testator, in favor of the defendant in error, is one of “one thousand dollars in cash; to be paid to her out of the money due me (him) m the State of Virginia, from Thomas McCargo, when the same shall be collected.”
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Writ of error to the Orphans’ Court of TuskaJ'oosa county. It appears from the record, that the parties were both legatees under, and executors of the will of James Childress, deceased. Among other bequests by the testator, in favor of the defendant in error, is one of “one thousand dollars in cash; to be paid to her out of the money due me (him) m the State of Virginia, from Thomas McCargo, when the same shall be collected.” He also bequeathed to the plaintiff “the balance of the debt, or money due me (him) in the State of Virginia, from Thomas McCargo, after my (his) wife shall receive the…
1Opinion of the CourtCollier, C. J.
In respect to the plaintiff’s note for Ar-eola lots, it is by no means certain, that in the present case, any question can be raised upon it. But be this as it may, we think the Orphans’ Court very properly charged the amount of that note against the plaintiff, as cash. If an executor purchases a part of his testator’s estate, he is, after the expiration of the term of credit, chargeable with the amount as cash, in the same manner as if he had collected money or converted property *754belonging to it. True, it is the duty of an exeeutor, to colleet the debts due the estate he represents; but…
2Cited by20 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Goodman v. BenhamSupreme Court of Alabama · 1849
- Duffee v. BuchananSupreme Court of Alabama · 1845
- Lindsey v. LindseySupreme Court of Alabama · 1934
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