Crothers v. Heirs of Ross

Citations

• 17 Ala. 816

Syllabus

<p>1. An administrator who reports the estate insolvent, thereby becomes the actor, and is chargeable with notice of all the subsequent proceedings in the cause. He cannot, therefore, in this court, insist on such objections to the final settlement, as, in the absence of exceptions to the ruling of the primary court, would be considered as waived by his presence.</p> <p>2. Where it appears by the decree of final settlement, that the widow has been excluded from all participation in the distribution of her deceased husband's estate, the error will not be considered as waived, but may be revised here at the instance of the administrator, although no exception was at the time taken to the action of the court below.</p> <p>S. Where other parts of the record show that the deceased left a widow, and the final decree shows that she was excluded from all participation in the distribution of his estate, without any reason being assigned therefor, it will not be intended, because the decree so recites, that those to whom the distribution is made are “the sole distributees of the said estate,” but such recital must be regarded as the assertion of an erroneous legal proposition.</p> <p>4. Nor will the omission of the administrator to file the required statement, containing a list of the distributees of the estate, in such case, estop him from complaining, or cure the error of such exclusion.</p>