Semoice's Adm'r v. Semoice
Semoice's Adm'r v. Semoice
Opinion of the Court
It appears from the record that the appellant voluntarily appeared before the probate court, and filed his accounts for a final settlement as administrator; and that the settlement was had upon his motion. He cannot now be heard to object that the settlement was had before the expiration of eighteen months from his appointment. If the court erred in prematurely proceeding to a settlement, it was at his instance, and in the absence of any objection from him; and such error he will not be heard to allege in this court. — Stone v. Gover, 1 Ala. 287; Jordan v. Hubbard, 26 Ala. 433; Edgar v. McArn, 22 Ala. 796; Furlow v. Merrill, 28 ib. 705.
"We think the counsel for the appellant is mistaken, in supposing that the record does not show who were entitled to distribution of the estate: that is sufficiently shown in the decree of the court. The counsel is also mistaken, in supposing that the record does not show that the administrator’s account was “ examined, audited and stated.”
We find no reversible error in the record, and the decree of the court below is affirmed.
Reference
- Full Case Name
- SEMOICE'S ADM'R v. SEMOICE
- Status
- Published