Dement v. Heth
Mississippi Supreme Court
Appeal from the probate court of Yazoo county. Franklin, J. During tbe administration of Dement, tbe estate bas been formally declared insolvent. The other facts necessary to an understanding of the opinion of the court will be found stated in it. Several questions were discussed by counsel, but only so much of their briefs is inserted, as relates to the questions considered and decided by the court.
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Appeal from the probate court of Yazoo county. Franklin, J. During tbe administration of Dement, tbe estate bas been formally declared insolvent. The other facts necessary to an understanding of the opinion of the court will be found stated in it. Several questions were discussed by counsel, but only so much of their briefs is inserted, as relates to the questions considered and decided by the court. Dement presented three accounts to the court at various periods, and to the last, in 1867, there were twenty-three exceptions filed by the creditors adjudicated upon and all but one overruled ;…
1Opinion of the Court
Peyton, C. J.:
It appears that D. H. Dement, the acting executor of the last will and testament of William W. Hendricks, deceased, was removed from the administration, and John T. Heth appointed administrator de bonis non, with the will annexed, of the estate of the said decedent, by the probate court of Yazoo county.
That said Dement, upon the settlement of his final account with the said probate court, was found to be indebted to the estate in the sum of $6,053 '92, which the court decreed to be paid to the said Heth, and from this decree the said Dement brings the cause to this court for…
2Cases cited1 opinion
- Effinger v. RichardsMississippi Supreme Court · 1858
3Cited by2 opinions
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Weir v. MonahanMississippi Supreme Court · 1889