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57 Ala. 557

Hooper v. Smith T.

Supreme Court of Alabama

Decided December 15, 1877

Supreme Court of Alabama · decided 1877-12-15

Heard before the Hon. N. S. Graham. Bill was filed in this cause by the heirs arid distributees of one John Smith, also known by the name of John Smith T., against Geo.

Cited by 3 later decisions — most recently November 1890

3 state decisions

Relies on Gould v. Hayes · McNeill's Adm'r v. McNeill's Creditors · Stewart's Adm'r v. Stewart's Heirs

Good law ✅— No negative treatment on recordhow we know

Decided 1877-12-15

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STONE, J.

¶11. After administration has been pending more than eighteen months, it is prima facie the right of ■distributees to call the personal representative to a settlement. If there be special reasons why settlement and distribution should not then be made, this is a defensive matter, the duty ■of showing which rests with the administrator.—Code of 1876, § 2528; Chighizoa v. LeBarron, 21 Ala. 406.

¶22. Before proceedings are instituted in the court of probate, looking to a settlement, distributees of the estate, without showing any special reason therefor, may file a. bill in the Chancery Court against the administrator and his -sureties, to have settlement made in the Chancery Court; .and, to this «nd, may have the administration transferred to *560such last-mentioned court.—Harrison v. Harrison, 9 Ala. 470, 479; Pearson v. Darrington, 18 Ala. 348; Gould v. Hays, 19 Ala. 438; Stewart v. Stewart, 31 Ala. 207; Sellers v. Sellers, 35 Ala. 235; McNeill v. McNeill, 36 Ala. 109; 1 Brick. Dig. 647, § 120.

¶3There is no error in the record, and the decree of the-chancellor, overruling the demurrer to the bill, is affirmed.

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