Alexander v. Herring
Mississippi Supreme Court
Appeal from the circuit court of Carroll county. Hon. Gr. A. McLain, Judge. Suit by S. D. Alexander against L. W. Herring, administrator of tbe estate of C. M. Vaiden, deceased. From a judgment sustaining a demurrer to plaintiff’s declaration, be appeals.
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Appeal from the circuit court of Carroll county. Hon. Gr. A. McLain, Judge. Suit by S. D. Alexander against L. W. Herring, administrator of tbe estate of C. M. Vaiden, deceased. From a judgment sustaining a demurrer to plaintiff’s declaration, be appeals. The facts are as follows: This is a suit by appellant against appellee, administrator of the estate of C. M. Yaiden, for damages for breach of contract entered into between appellant and appellee, whereby appellant was to operate a sawmill on the estate of said decedent. The contract was to begin .‘February 1, 1909, and end January 1, 1910.…
1Opinion of the Court
Mayes, O. J.,
delivered the opinion of the court.
The trial court properly sustained the demurrer and dismissed the declaration. If any liability exists under the contract sued on, it is the liability of L. W. Herring, individually and personally, and not a liability of the estate which he represents as administrator.
An administrator is a statutory trustee, whose duties and powers are fixed by law. These duties and powers cannot be enlarged by a decree of the chancery court, and, if the chancery court by its decree undertakes to confer upon an administrator powers which are denied under the…
2Cases cited1 opinion
- Berry v. AlsopMississippi Supreme Court · 1871
3Cited by1 opinion
- State Farm Fire & Cas. Co. v. MageeMississippi Supreme Court · 1979