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

Cases Argued and Decided in the Supreme Court of Mississippi Volume 42 by United States Congressional House
Cases Argued and Decided in the Supreme Court of Mississippi Volume 42
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Author: United States Congressional House
Number of Pages: 304 pages
Published Date: 14 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234112035
File Name: Cases.Argued.and.Decided.in.the.Supreme.Court.of.Mississippi.Volume.42.pdf
Download Link: 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: ...the representatives of such estate to give new or additional bonds whenever, in his judgment, the interest of the heirs or creditors of such estates might seem to require the same.. In this case the defendant in error, being a creditor of the estate, applied to the court for a citation that the executrix might appear and show cause why she should not be required to give bond for the faithful discharge of her duties as such executrix, though the will did dispense with such bond. She appeared, filed her answer, and the court heard the ease, and found that it was for the interest of the estate that she should give bond as such executrix, and made an order accordingly. It does not matter, in our judgment, whether the court below came to its conclusion from sworn testimony in open court, or from facts that the court was bound to take notice of officially. The exeeutrix, by the indulgence of the court, not having complied with said order, about two years afterwards filed her bill of review, setting up as new matter that the estate had become_ insolvent. The demurrer to this bill was sustained, and the bill dismissed, and the order renewed requiring her as such executrix to give bond, which she failed to comply with, and she was removed from her trust. The fact that the estate had become under her administration insolvent, was of itself a sufiicient reason why she should be required to give bond. She was no longer acting as the residuary legatee of the estate, but as a trustee for the creditors, and it became the imperative duty of the court to see that the trust was faithfully executed. In view of all these facts, we afiirm the decree of the court below. 1. ESTATEB 01- nncnnnrrrs: SALE or REALTY TO PAY DEBTS AFTER DE YASTAVIT BY EXECUTOR...

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