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123 Ala. 610

White v. Thompson

Supreme Court of Alabama

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Héard before the Hon. J. P. Stiles. The proceedings in this case were had upon a partial settlement made by H. K. White, as administrator de boms non of Samuel Thompson, deceased. On this settlement, White, as administrator de bonis non of said estate, asked to be allowed a credit for money he had paid to one Bobert Charlson.

Cited by 2 later decisions — most recently January 1918

1 federal appellate · 1 state decisions

Key passage — most relied on by later courts

““That our own adjudications extend the rule to cases within its purview and spirit, though not strictly within its terms.””

quoted by 1 later decision, including Central Iron & Coal Co. v. Hamacher

Relies on Louis's Administrator v. Easton · Hullett v. Hood

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

View the full empirical analysis of this case →

McCLELLAN, C. J.

¶1-The only question in this case is whether a creditor of the estate of a decedent who has been paid by the administrator may be called by the latter on his settlement in the probate court to prove the alleged debt to the end that the administrator be allowed a credit against the estate for its payment. We d.eem it unnecessary to discuss this question further than to say that such creditor is within the spirit of the statutory exception to the statutory rule of competency which dedares a transferor incompetent to prove for the transferee a claim against the estate of a dead man, that our own adjudications extend the rule to cases within its purview and spirit though not strictly within its terms, and constrain us to hold that such creditor even after the payment of his claim is not a competent witness to establish the claim against the estate in favor of the administrator.—Louis’ Admr. v. Easton, 50 Ala. 470; Hullett v. Hood, Admr., 109 Ala. 345.

¶2The decree of the probate court must be affirmed.

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