Weeks v. Thrasher
Mississippi Supreme Court
Appeal from the Chancery Court of Olaiborne County. Hon. E. Gr. PeytoN, Jr., Chancellor. The material facts appear in the opinion of the court. Appellants assign for error that portion of the decree herein which orders a sale of the real estate involved, inas-mucb as the heirs of the said, decedent are not all parties hereto, and for the further reason that said decree blends the jurisdiction of probate and chancery.
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Appeal from the Chancery Court of Olaiborne County. Hon. E. Gr. PeytoN, Jr., Chancellor. The material facts appear in the opinion of the court. Appellants assign for error that portion of the decree herein which orders a sale of the real estate involved, inas-mucb as the heirs of the said, decedent are not all parties hereto, and for the further reason that said decree blends the jurisdiction of probate and chancery. If the will authorized the administrator to sell, the injunction should have been dissolved; if not, the decree should have simply perpetuated the injunction'. The court took the…
1Opinion of the CourtCampbell, J.
Caroline M. Thompson died in 1861, leaving a will which *144empowers her executors, or either, to sell a certain lot of land.. The will was probated, and letters testamentary granted to one,, who afterwards resigned. In 1867 letters testamentary c. t. a. were granted to Stephen Thrasher, who proceeded to obtain a. decree declaring the estate insolvent; but said decree of insolvency, instead of ordering said lotto be sold, ordered “that, the parol in this matter do demur, and that this cause do stand, continued from term to term until said Frank P. Thompson shall attain his majority, then to be…
2Cited by3 opinions
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