43 Ala. 608 | Ala. | 1869
Section 2232, Eevised Code, requires the settlement of the accounts of an administrator who has been removed, to be made in the same manner as other settlements of administration. Section 2140 directs the manner of giving notice ; one of the modes of which is, by publication in a newspaper in the county, if there be one.
Section 3138 requires the court to appoint a guardian ad litem to represent the interest of the minors. This appointment, and the acceptance of it, have been • held by this court to be indispensable to the validity of the decree. Laird, Adm’r, v. Reese, at the January term, 1869; Frierson v. Travis, 39 Ala. 150; Jenkins’ Distributees v. Jenkins’ Adm’rs, 16 Ala. 693. It does not appear from the transcript in this case that such appointment was made, or that
Let the judgment be reversed and the cause remanded.