Reports of Cases Argued And Determined in the Supreme Court of ..., volume 58
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 58
Alabama Supreme Court
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Personal repreMitatives of said two deceased chil- dren are not made parties to the suit, but the bill avers they died in inf aaicy, leaving no debts. There is no proof, however, of this last averment, and it is denied in the answers. Chil- dren 12 and 14 yearn old, having no living father, can and generally do owe debts, if they have property. This aver- ment ia very material to complainant's right to recover the interests of his deceased brother and sister. — Van Derveer v, Akion, 16 Ala. 494..., 499 ; Miller v. Eastman, 11 Ala. 609, 614. Under the pleadings and proof in this record, the complain- ant can recover, at most, only the one-third interest of the eighth which would have fallen to his father, about $850. It is contended for appellee that the executor's attempt to make a final'settlement of his administration in March, 1864, was a failure, for two reasons : first, because the guardian ad lUemy appointed to represent the minors on the settlement, did not accept the appointment in writing.
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