35 Ala. 105 | Ala. | 1859
In Graham v. Abercrombie, 8 Ala. 552, it was held, that the assignee of an integral share of an estate is entitled, on the final settlement of the administrator in the orphans’ court, to a decree in his own name for the distributive share assigned to him. This decision appears to have been approved in the subsequent case of Petty v. Wafford, 11 Ala. 148. In Smith & Lovelass v. Hall, 20 Ala. 777, the subject was carefully reviewed; and the majority of the court, while expressing a willingness to abide by the‘previous decisions just referred to, refused to extend them to a case in which the assignment was of anything less than an entire distributive interest. We consider this last case decisive of the one before us. Here, the decrees are rendered in the names of the heirs, for their distributive shares of the personalty; while for the distributive shares of three of the heirs in the proceeds of the real estate, sold by the administrator under an order of court, the decree is in favor of a third person, who, it appears, had (before the
Decree reversed, and cause remanded.