Thames v. Herbert
Supreme Court of Alabama
Appeal from Butler Probate Court. Tried before Hon. J. L. Powell. Joseph G. Thames died in 1863, and the appellant, his widow, filed her claim against his estate for the corpus of her statutory estate, received by him, amounting to $2,995.81. On the. first day of April, 1867, the estate of Joseph G. was declared insolvent, and on the 21st of October, in the same year, the appellant filed her claim, duly verified, against the insolvent estate.
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Appeal from Butler Probate Court. Tried before Hon. J. L. Powell. Joseph G. Thames died in 1863, and the appellant, his widow, filed her claim against his estate for the corpus of her statutory estate, received by him, amounting to $2,995.81. On the. first day of April, 1867, the estate of Joseph G. was declared insolvent, and on the 21st of October, in the same year, the appellant filed her claim, duly verified, against the insolvent estate. On July 30th, 1869, appellant filed her bill in the Chancery Court against the appellee, Herbert, as administrator de bonis non of her deceased husband,…
1Opinion of the CourtBrickell, C. J.
From the earliest period of our legislative history, it has been a settled policy to provide a simple and summary remedy, in the court of probate, granting letters testamentary, or of administration, for the marshaling and distribution to creditors of the assets of an insolvent estate. The personal representative when satisfied of the insufficiency of the assets for the payment of debts, is required in a particular mode to make report of the fact to the court, and of the report notice must be given creditors, who are entitled to contest its truth. If there is ij,o contest of its truth, or if…
2Cases cited10 opinions
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- State Bank v. EllisSupreme Court of Alabama · 1857
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Hollinger v. HollySupreme Court of Alabama · 1845
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
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3Cited by14 opinions
- Haney v. LeggSupreme Court of Alabama · 1900
- Lee v. LeeSupreme Court of Alabama · 1880
- Whaley v. WhaleySupreme Court of Alabama · 1881
- Moore v. Winston's Adm'rSupreme Court of Alabama · 1880
- Robinson v. PebworthSupreme Court of Alabama · 1881
9 more not listed; retrieve them via the Exa API.