Legal Opinion

McDonald v. McDonald

Mississippi Supreme Court

Decided April 15, 1891PublishedCited by 1 opinion

FrOM the chancery court of Clarke county. HoN. Sylvan us EvANS, Chancellor. Appellant, W. E. McDonald, filed in the court below his final account as administrator of the estate of W. C. McDonald, deceased. The appellees, as heirs and distributees, excepted to the same, and the case was set down for hearing.

Read the full summary

FrOM the chancery court of Clarke county. HoN. Sylvan us EvANS, Chancellor. Appellant, W. E. McDonald, filed in the court below his final account as administrator of the estate of W. C. McDonald, deceased. The appellees, as heirs and distributees, excepted to the same, and the case was set down for hearing. The exceptors introduced evidence to show that the administrator had failed to charge himself with all money belonging to the estate that came into his hands, and also to show that certain items of credit claimed by him on account of disbursements were incorrect. The administrator offered…

1Opinion of the CourtCampbell, C. J.

The motion to dismiss the appeal is denied, for the decree was a final one as to the matters embraced, and enforceable by final process.

The appellant was a competent witness to testify to what occurred after the death of his intestate. The last clause of § 1602 of the code was for the purpose of meeting Haralson v. White, 38 Miss. 178, and has the effect to render competent as a witness any person as to anything subsequent to the death of the decedent.

Reversed and remanded.

2Cases cited1 opinion

  1. Haralson v. WhiteMississippi Supreme Court · 1859

3Cited by1 opinion

  1. Connell v. CazenueveMississippi Supreme Court · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API