Legal Opinion

Conwill v. Livingston

Mississippi Supreme Court

Decided January 17, 1881Published

On the 27th day of July, 1868, J. G. Oonwill, administrator of the estate of J. J. Livingston, filed his final account as such, and on the 18th of August thereafter citation Avas served on J ames B. Livingston and M. L. Livingston, the heirs at law of the deceased, who were minors, returnable August 4, 1868, a regular term of tbe Probate Court of Itawamba county. Tbe account was at that term of tbe court allowed, approved and confirmed and tbe administrator discharged.

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On the 27th day of July, 1868, J. G. Oonwill, administrator of the estate of J. J. Livingston, filed his final account as such, and on the 18th of August thereafter citation Avas served on J ames B. Livingston and M. L. Livingston, the heirs at law of the deceased, who were minors, returnable August 4, 1868, a regular term of tbe Probate Court of Itawamba county. Tbe account was at that term of tbe court allowed, approved and confirmed and tbe administrator discharged. Joseph G. Conwill died in July, 1879, and in August following appellants, W. J. and J. P. Conwill, were granted letters of…

1Opinion of the Court

Opinion.

2Per curiam

Citation on the final account of the appellants’ testator, administrator of one Livingston, ivas served personally on the distributees alone, who were infants. There was no appointment of a guardian ad litem for them.

The service on the infants was unauthorized by law and amounted to nothing. It was essential that a guardian ad litem should be appointed, and the decree is, therefore, void. See Burrus v. Burrus, 56 Miss. 92.

Decree affirmed.

3Cases cited1 opinion

  1. Burrus v. BurrusMississippi Supreme Court · 1878

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