Cases Argued and Decided in the Supreme Court of Mississippi Volume 42

Cases Argued and Decided in the Supreme Court of Mississippi Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: oral testimony taken at the hearing, the court removed the plaintifis in error from their trust as executors of said estate. This action of the court is made the grounds for the two assignments of error, relied upon by plaintifis-in error to reverse the decree from which this writ of error is prosecuted. The first assignment of error is, that the law provides for the removal of executors for refusal to return an inventory, and not for a failure so to do. We shall only consider the first assignment of error; the disposition of that will determine the question involved in the second--that the removal of plaintiffs in error should have been conditional, and not absolute. The provisions of art. 78, Rev. Code, p. 4-12, are relied upon by defendant in error as sustaining the action of the court iu removing plaintiffs in error, which are, " If there be more than one executor, administrator, or collector, they shall all join in returning the inventory, but if one or more refuse to do so, the others may return the inventory, and the power and authority of the person so refusing shall thereafter cease; and those who return the inventory shall proceed in the administration, unless the delinquents shall, within two months, assign a reasonable excuse, which the court may deem satisfactory." The question arises in the construction of this article, VVhat "inventory" the legislature had reference to? It seems manifest to us that it has no reference to the inventory of money debts, etc., due an estate, to be returned by the executor or administrator under the requisitions in art. 7 3, p. 441, of Rev. Code; and if not, what inventory is meant or required to be returned? It is manifest that the reference is to the most more

Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236845242
  • 9781236845245