BLACKWELL'S DISTRIBUTEES vs. BLACKWELL'S ADMINISTRATOR

BLACKWELL’S DISTRIBUTEES vs. BLACKWELL’S ADMINISTRATOR. [EINAX SETTLEMENT 03? ADMINISTRATOR’S ACCOUNTS.] X. Construction of Mil of exceptions, as to evidence set out in record. — Where the bill of exceptions, in a probate case, recites that the administrator, on final settlement of his accounts, “ offered no other evidence in support of his account than is filed with the papers of said estate in the office of the judge of probateand that the 'court, in making its decree, passed upon the account and the exceptions thereto, “upon such testimony alone as is filed with the papers and record of said court;” but it does nob purport to set out all the evidence which was “filed with the papers of said estateand there does not appear to have been any order of court making “ the testimony filed with the papers ” a part of the record, — it is not affirmatively shown that the transcript contains all the evidence which was before the-probate court. 2. Presumption in favor of judgment. — In a probate case, where the correctness of the decree depends on the evidence which was before the primary court, and the bill of exceptions does not purport to set out all the evidence which was before that court, the appellate court will presume that the decree was justified by the evidence. Appeal from tbe Probate Court of Clarke. In tbe matter of tbe estate of Mrs. Priscilla Blackwell, deceased, on final settlement of tbe accounts and vouchers of Abel H. Dubose, tbe administrator. Tbe administrator filed bis accounts for a final settlement on tbe 20tb September, 1860, and tbe 22d day of October following was appointed by tbe court for tbe settlement. Tbe distributees appeared by attorney, and filed several exceptions to different items of tbe account as stated by tbe administrator, wbicb, under tbe decision of tbis court, require no particular notice. On tbe lOtb December, 1860, tbe court rendered a final decree, ascertaining tbe amount of assets wbicb tbe administrator bad received, tbe credits to wbicb be was entitled for disbursements, tbe respective shares of tbe several distributees, Ac.; and releasing and discharging tbe administrator, on bis production of receipts and transfers from tbe distributees. Tbe record does not show that any exception was reserved to tbe rulings or decree of tbe court. Tbe bill of exceptions only states, “ that on tbe trial of the matters involved in the final settlement in tbis cause, tbe administrator of said estate offered no other evidence in support of bis account than is filed with tbe papers of said estate in tbe office of tbe judge of probate of said county; and that tbe court, in making its final decree on said settlement, passed upon said administrator’s account, and tbe exceptions filed thereto by tbe distributees of tbe estate, upon such testimony alone as is filed in tbe papers and record of said court.” Tbe final certificate of tbe judge, appended to tbe transcript, states, “ that tbe foregoing pages, numbered,” Ac., “ contain a full and complete transcript of tbe administration upon the estate of Priscilla Blackwell, deceased, as appears of record in said court.” Tbe final decree of tbe court, and tbe overruling of the several exceptions filed by tbe distributees to tbe administrator’s account, are now assigned as error. O. S. Jewett, for appellants. Goldthwaite, Bice & Sempee, contra. [MAJORITY — R. W. WALKER, J.] R. W. WALKER, J. Tbe bill of exceptions states, that on tbe final settlement tbe administrator “offered no other evidence in support of bis account tban is filed witb tbe papers of said estate in tbe office of tbe judge of probate;” and that tbe court, in making its decree, passed upon tbe account and tbe exceptions thereto, “ upon such testimony alone as is filed in tbe papers and record of said court.” It does not, however, purport to set out all tbe evidence which was “ filed witb tbe papers of said estatenor does there appear to have been any order of court, making “ tbe testimony filed in tbe papers ” a part of tbe record. There may well be documentary evidence filed witb tbe papers relating to tbe administration of an estate, which yet constitutes no proper part of tbe record of such administration. Such is tbe case witb tbe vouchers filed by tbe administrator in support of tbe various items of bis account. Consequently, we can not say that tbe transcript before us contains all tbe evidence which was offered in tbe court below, in relation to tbe questions arising upon tbe exceptions of tbe appellants to the administrator’s account. This being so, tbe familiar rule, which requires us to make all reasonable intendments in favor of tbe ruling of tbe primary court, makes it our duty to affirm tbe decree.—Bradley v. Andress, 30 Ala. 80; Bendall v. Bendall, 24 Ala. 295; Morgan v. Morgan, 35 Ala. 303. Tbe decree is affirmed.