Landreth's Adm'r v. Landreth's Distributees
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Cherokee. In October 1844, the plaintiff made a final settlement of his accounts as administrator of the estate of Thomas Lan-dreth, deceased, with the orphans’ court — having previously filed as vouchers with his account, certain receipts for money paid the guardian of the infant distributees of that estate, for which .he claimed a credit.
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Writ of Error to the Orphans’ Court of Cherokee. In October 1844, the plaintiff made a final settlement of his accounts as administrator of the estate of Thomas Lan-dreth, deceased, with the orphans’ court — having previously filed as vouchers with his account, certain receipts for money paid the guardian of the infant distributees of that estate, for which .he claimed a credit. These receipts were passed on, and the payments indicated by them adjudged not to be proper credits for the administrator. Thereupon several decrees were rendered in favor of each distributee for the sums due them…
1Opinion of the CourtCollier, C. J.
In Carroll, et al. v. Moore, Adm’r, 7 Ala. Rep. 615, it was held, that an administrator, on the settlement of the estate represented by him, may prove that he has paid the amount due to a distributee, and have satisfaction entered on the record. It was added that “no conceivable benefit could be accomplished by rendering a decree upon which an execution could issue in favor of a distributee, who had been paid off in full. Nor could any injury accrue by the entry of satisfaction, as the distributee to be affected by it, would be a party to the settlement, to controvert the fact.” In that case,…
2Cases cited1 opinion
- Carroll v. MooreSupreme Court of Alabama · 1845
3Cited by2 opinions
- Watt's Adm'r v. Watt's DistributeesSupreme Court of Alabama · 1861
- Slatter v. GloverSupreme Court of Alabama · 1848