Stanmyre v. Foster

Decided June 15, 1868

Supreme Court of Alabama · decided 1868-06-15

Proceeding by petition to compel an administrator of a deceased guardian to make a final settlement of his intestate’s guardianship. It appears that on the 25th April, 1857, Charles Foster, appellant’s intestate, was appointed by the probate court of Baldwin county, guardian of the appellees, and that he died without having made any settlement of his accounts as such guardian, and the appellant was appointed his administrator on the 3d September, 1866.

Relies on Howard's Distributees v. Howard's Adm'r · Gray v. Jenkins · Jenkins v. Gray

Decided 1868-06-15

JUDGE, J.

¶1The rendition of the decree in this cause, is alone assigned as error.

¶2The decree is founded upon appropriate and proper proceedings, pursuant to section 2324 of the Revised Code, and we can perceive no error in its rendition.

¶3Under the decree, however, appellant is liable only for the assets which have come to his hands. — Revised Code, § 2326. Whether any execution can be issued on such a decree, or what the proper mode of its enforcement is, we do not decide, as no such question is presented by the record. See the following authorities : — Jenkins v. Gray et al., 16 Ala. 100; Gray v. Jenkins, 24 Ala. 516 ; Howard v. Howard's Adm’r, 26 Ala. 682.

¶4Affirmed.