Pryor v. Davis
Supreme Court of Alabama
Appeal from the Probate Court of Limestone. Heard before the Pión. James E. Horton. William H. Sykes died in Limestone County, Alabama, on February 10, 1892, and on April 4, 1892, the appellee, John H. Davis, was appointed by the Probate Court of said county administrator of his estate.
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Appeal from the Probate Court of Limestone. Heard before the Pión. James E. Horton. William H. Sykes died in Limestone County, Alabama, on February 10, 1892, and on April 4, 1892, the appellee, John H. Davis, was appointed by the Probate Court of said county administrator of his estate. On December 1, 1893, the administrator reported the estate insolvent; and on May 28, 1894, a decree was rendered declaring the estate insolvent, and directing’the administrator to make a settlement. The administrator, pursuant to this order, filed his accounts fora final settlement. The appellants, as…
1Opinion of the CourtBrickell, C. J.
The statutes declare all the property of a decedent, except as is otherwise provided, is charged with the payment of his debts, and for that purpose may be sold, if necessary. With much of particularity, the order in which the debts are to be paid is prescribed, and the personal representative is prohibited from giving preference of payment, before the expira*122tion of eighteen months from the grant of administration. — Code, §§ 2078-80. Upon claims or demands against the decedent, the personal representative can not be sued until after six months, nor can judgment be rendered against him, until…
2Cases cited5 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Fore v. McKenzieSupreme Court of Alabama · 1877
- Hearrin v. SavageSupreme Court of Alabama · 1849
3Cited by10 opinions
- Foster v. FosterSupreme Court of Alabama · 1929
- Denman v. PayneSupreme Court of Alabama · 1907
- Robertson v. United StatesDistrict Court, N.D. Alabama · 1968
- McKenzie v. MatthewsSupreme Court of Alabama · 1907
- Snodgrass v. United StatesDistrict Court, N.D. Alabama · 1968
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