Douthitt's Administrator v. Douthitt
Supreme Court of Alabama
THIS was a proceeding in the Orphans’ court of Tuscaloosa. The first entry found in the transcript, was made on the 22d July, 1839, and is as follows: “ This day, Herbert P. Douthitt, administrator of the estate of James Douthitt, deceased, came into court, and presented his accounts and vouchers against said estate, for allowance; which were stated and examined by the court.
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THIS was a proceeding in the Orphans’ court of Tuscaloosa. The first entry found in the transcript, was made on the 22d July, 1839, and is as follows: “ This day, Herbert P. Douthitt, administrator of the estate of James Douthitt, deceased, came into court, and presented his accounts and vouchers against said estate, for allowance; which were stated and examined by the court. It is therefore ordered, by the court, that publication be made in some newspaper printed in Tuscaloosa, notifying all persons concerned, that on Monday the 16lh day of September next, said accounts will be acted on and…
1Opinion of the CourtCollier, C. J.
— It is insisted by the plaintiff that in this case, there is error in the record — Fi?'st. Because the proceedings preparatory to the decree are irregular: Second. Because the decree is unauthorized by the matters appearing in it.
First. By the 21st section of the act of 1806, “concerning wills and testaments, the settlement of intestate’s estates, and the duty of executors, administrators and guardians,” (Aikin’s Digest 182) the judge of the county court is authorized and required to take, receive and audit all accounts of executors, administrators,” &c,; “and after examining and auditing…
2Cited by6 opinions
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Duffee v. BuchananSupreme Court of Alabama · 1845
- Ledyard v. JohnstonSupreme Court of Alabama · 1849
- Abercrombie v. SkinnerSupreme Court of Alabama · 1868
- Parks v. StonumSupreme Court of Alabama · 1845
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