Vincent v. Martin
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by Mrs. Georgia A. Yincent, as administratrix de bonis non of the estate of her deceased husband, David T. Yincent, against Thomas J. Martin and John M. Kidd, the administrators in chief; and sought, principally, to compel a settlement by said Martin, as the surviving partner, of the partnership accounts of the late firm of T. J. Martin & Co., which was composed of…
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Appeal from the Chancery Court of Shelby. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by Mrs. Georgia A. Yincent, as administratrix de bonis non of the estate of her deceased husband, David T. Yincent, against Thomas J. Martin and John M. Kidd, the administrators in chief; and sought, principally, to compel a settlement by said Martin, as the surviving partner, of the partnership accounts of the late firm of T. J. Martin & Co., which was composed of him and said David T. Yincent; and also to correct alleged errors and mistakes in the final settlement of said…
1Opinion of the CourtStone, C. J.
So far ,as the present bill seeks to review the final decree of the Probate Court,.for alleged errors of law and fact committed in the probate settlement, both the pleadings and proof fail to make a case for relief. If any errors were committed in the settlement, there is an entire failure to show they were “ without any fault or neglect ” of the distributees, as this court has uniformly interpreted those words. Code of 1876, § 3837; Humphreys v. Burleson, 72 Ala. 1; Lynn v. Wann, Ib. 43; Stoudenmire v. DeBardelaben, Ib. 300; Cawthorn v. Jones, 73 Ala. 82; Massey v. Modawell, Ib. 421; Boswell…
2Cases cited10 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Humphreys v. BurlesonSupreme Court of Alabama · 1882
- Otis v. DarganSupreme Court of Alabama · 1875
- Knapp v. McBrideSupreme Court of Alabama · 1844
- Tankersly v. PettisSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Hall v. PegramSupreme Court of Alabama · 1888
- Tillery v. TillerySupreme Court of Alabama · 1908
- Clements v. ClementsSupreme Court of Alabama · 1917
- Chandler v. WynneSupreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.