Hurst v. Williamson

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

A decree was rendered by tbe probate court of Henry county, on final settlement of tbe accounts of John Ward, as administrator de bonis non of Daniel Pitts, deceased, in favor of Jane Williamson, (one of the distributees of said estate,) and her husband, John Williamson, for the sum of 630 76-100 dollars, on 23d February, 1861.

Cited by 1 later decisions — most recently November 1890

1 state decisions

Relies on Kirby's Adm'r v. Anders

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

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BYRD. J.

¶1There is no statute which authorizes the probate court to revive a decree rendered against an administrator on a settlement of his administration, in favor-of a distributee of the estate, against the personal representative of such administration.

¶2Whatever may be the remedy of such distributee, the law does not afford one by scire facias, to revive the decree *297against such personal representative. — Code, § 1930 ; Kirby, Adm’r, v. Anders, Guardian, &c., 26 Ala. 468.

¶3It results that the decree of revivor must be reversed, and a decree here rendered quashing the scire facias.

¶4The appellees must pay the costs of this court and the court below.