Burgess v. Burgess
Burgess v. Burgess
Opinion of the Court
A phase of this case was before the court in Burgess v. Burgess, 199 Ala. 552, 75 South. 5.
The reason for the statutes of nonclaims was to prevent the payment of unjust, unconscionable, or fraudulent claims that may be made against estates by personal representatives and other creditors, without giving notice to the parties in interest and affording them the opportunity to resist the demands. Appellants submit that, if they are mistaken as to the decree of confirmation of the register’s report’s not being in accordance with the former opinion in Burgess v. Burgess, supra, this court should reconsider or modify the former decision. L. & N. R. R. Co. v. W. U. Telegraph Co., 195 Ala. 124, 126, 71 South. 118, Ann. Cas. 1917B, 696; Owen v. Bankhead, 82 Ala. 399, 3 South. 97; McQueen v. Whetstone, 127 Ala. 417, 30 South. 548. We are unwilling to depart from that decision, and there is no occasion to do so. The tendency of the evidence is to show that the justice of the case was met in the allowance on the former appeal of the two sums, $500 and $700. No doubt, from the evidence, in-testates intended said sums to be compensation to appellant for expenditures made and services rendered, and to be made and rendered, intestates by appellant.
' The decree of the circuit court, in equity, is affirmed.
Affirmed.
Reference
- Full Case Name
- BURGESS Et Al. v. BURGESS Et Al.
- Cited By
- 12 cases
- Status
- Published