Heirs of Bond v. Smith
Supreme Court of Alabama
Erroy to Sumter,Circuit Court. This was a petition filed in the Orphans’ Court of Sumter county by the defendant in error, as administrator of John Bond, deceased, setting forth that the personal estate of his im-testate was insufficient to pay the just debts against the estate without a sale of the real estate, which is particularly described; the petition sets out tne names of the heirs, ánd prays-that commissioners be appointed, &c.
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Erroy to Sumter,Circuit Court. This was a petition filed in the Orphans’ Court of Sumter county by the defendant in error, as administrator of John Bond, deceased, setting forth that the personal estate of his im-testate was insufficient to pay the just debts against the estate without a sale of the real estate, which is particularly described; the petition sets out tne names of the heirs, ánd prays-that commissioners be appointed, &c. Upon this petition an order was made, that notice be given the heirs by publication in the Voice of Sumter, a newspaper published in the county; affidavit…
1Opinion of the CourtOrmond, J.
— The principal question in this case, is the right of the heir to plead the statute of limitations, on an application by the administrator to sell real estate, to pay the debts of the ancestor, on the ground that the personal estate is insufficient for that purpose-. This is a question of great moment, and has not been adjudicated in this Court.
The statute of this State on which this application is made, provides that it shall be lawful for an administrator or executor, who has not power by the will of the testator to pay debts to filo a petition in the County Court, setting forth that the…
2Cases cited1 opinion
- Scott v. HancockMassachusetts Supreme Judicial Court · 1816
3Cited by16 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Clark v. KnoxSupreme Court of Alabama · 1881
- Teague v. CorbittSupreme Court of Alabama · 1877
- Taylor v. CrookSupreme Court of Alabama · 1902
- Scott v. WareSupreme Court of Alabama · 1879
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