Supreme Court of Alabama, 1937

Owens v. Lackey

Supreme Court of Alabama · Decided April 29, 1937 · Gardner, Anderson, Bouldin, Foster

174 So. 231; 234 Ala. 144; 1937 Ala. LEXIS 187 (Southern Reporter)

Cases that cite this one

2 later published cases cite this decision.

Marion v. Chandler (W. Va. 1954)
Brown v. Guaranty Estates Corp. (N.C. 1954)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GARDNER, Justice.

Defendant, in this tort action, is sued in her representative capacity as administratrix of the estate of Eugene Lackey, deceased. It is the established rule in this jurisdiction (Brown v. Floyd, 163 Ala. 317, 50 So. 995), in harmony with the current of authority elsewhere (24 Corpus Juris, 128; 11 R.C.L. p. 172), that the estate of a deceased persqn ca'nnot be held liable for the torts of the personal representative. The liability, if any, is individual only. The complaint states no cause of action against defendant in her representative capacity, and, any other question aside, the demurrer thereto was properly sustained.

Let the judgment stand affirmed.

Affirmed.

ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.