15 Ala. 85 | Ala. | 1848
There can be no question but that the law requires the child whose deceased parent has been advanced in his lifetime, to bring into hotchpot the share or its value which has been so advanced, before he is allowed to participate in the distribution of the intestate’s estate, since, as the representative of his father, he could have no better claim than he would have had, if living. See 2 Williams on Ex’rs, 919; Proud v. Turner, 2 P. Wms. 560.
The statute confers upon the county court judges, “authority, within their respective jurisdictions, from time to time, to take cognizance of all matters concerning orphans and their estates.” Dig. 302, § 28. The power is given to settle estates, and to require the children advanced to bring into the estate the sums advanced to them, &c. If the share to which the infant would be entitled, upon bringing the advance to his parent into hotchpot would exceed the value of the advance, then, being for the interest of the infant to take a distributive share, the power is lodged somewhere, as he cannot elect himself, to make the election for him. In England, the king as pater patriae, has the care of infants, and the court of chancery, to which that care is delegated, has a general control over them and their interests, whenever they
"We should be inclined, from the proof set out in the record, to place a higher estimate upon the slaves advanced to Wm. A. Hall, than was affixed by the judge below, but as the case must go back, and additional proof may be taken, an opinion upon this point in the cause becomes unnecessary.
Let the judgment be reversed and the cause remanded.