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29 Ala. 91

Reese v. Gresham

Supreme Court of Alabama

Decided June 15, 1856

Supreme Court of Alabama · decided 1856-06-15

<p>[APPEAL i'KOM DECREE OX HEAL ¡SETTLEMEXT OP ADMINISTRATOR'S ACCOEHTS.]</p> <p>1. Exception necessary to decision on question of fact. — A party who wishes to revise on error the action of the probate court, upon a question of fact, must reserve it by exception or'otherwise, and must set out, either on the minutes or in a bill of exceptions, the evidence on which the court acted. — Code, § 1891.</p> <p>2. Extraordinary services and compensation of administrator.- — When an estate is kept together under an order of court, and the money belonging to it loaned out, the services rendered by the administrator in the discharge of the duties thus imposed on him are special and extraordinary, (Code, § 1825,) and the court may allow for them a just compensation, to be determined upon the evidence adduced.</p>

Relies on Pinckard's Distributees v. Pinckard's Administrators

Good law ✅— No negative treatment on recordhow we know

Decided 1856-06-15

How this case has been cited

Cited by 12 later decisions — most recently December 1935

12 state decisions

50185618601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WALK.EE, J.-

¶1The first assignment of error is not well taken in point of fact. The court below did not deduct the payments made to the different distributees from the aggregate amount for distribution ; but made the deduction of the payments made to the appellant from her share, as ascertained from an allotment to her out of the entire sum for division.

¶2It is settled by the decisions of this court, thát one desiring to revise the action of the probate court, upon a question of fact, must reserve it by exception, or otherwise, and must set out the evidence upon which the CQurt acted, either on the *92minutes or in a bill of exceptions. — Code, § 1891 ; Williams and Wife v. Gunter, 28 Ala., and authorities on brief of counsel for appellee. These citations are fatal to all the other matters assigned as error, not noticed below.

¶3The bill of exceptions does raise the question of the admissibility of evidence showing the value of the administrator’s services for managing the notes, and keeping up and working the plantation. It seems that the administrator, by an order of court, kept the plantation together, and loaned out the money. The services rendered in the discharge of the duties thus imposed were not the ordinary duties of an administrator : they were special and extraordinary services ; and the court was, therefore, authorized to allow for them a just compensation, to be determined upon the evidence submitted.— Code, § 1825 ; Pinckard’s Distributees v. Pinckard, 24 Ala. 250. The question objected to by appellant, was framed so as to elicit evidence which we have already decided would be legal, and was, in our opinion, unobjectionable.

¶4There is no error in the record ; and the judgment of the court below is affirmed.

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