16 Ala. 652 | Ala. | 1849
It is contended that the decree rendered by the Orphans5 Court, on the 1st of February 1841, is final, and that it is conclusive on the defendants in error. If this position be tenable, then the court erred in permitting the dis-tributees to go behind that settlement, and In charging the administrator for a greater sum than was fixed by that decree, up to that time.
The entry, which it is insisted has the effect of a final decree, reads as follows: “ This day being set apart for the final settlement of the estate of Brittain Willis, deceased, due publication thereof having been made, the court proceeded to examine the account and vouchers of Price Willis, administrator, which were found correct, and there is in the hands of said administrator the sum of forty-one 81-100 dollars, as per account current, which was examined, approved, and ordered to be recorded.” Then follows the account of the administrator, by which he charges himself with
“Amount due on last settlement, - - $1103 31
Interest,. 202 00
Making total amount, ... - $1305 31
And credits himself by the board of seven children for three years, at $5 per month, .... $1260 00
Expense of publication, - - 3 50
Leaving balance due by administrator, 41 81
-1305 31”
This decree (if one it may be called) does not possess the first
We feel no doubt as to the correctness of the ruling of the Orphans’ Court, and contrary to our first impression, determine that the decree must be affirmed.