Edwards v. Kelly
Mississippi Supreme Court
Erom the chancery court of Attala county. HoN. James E. McCool, 'Chancellor. This suit was begun by a petition, filed by appellant Edwards under § 1955 of the Code of 1892, asking that appellee Kelly be summoned to show cause why a final account should not be made by him as executor, and also as testamentary guardian under the will of Laura Y. Kelly, deceased.
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Erom the chancery court of Attala county. HoN. James E. McCool, 'Chancellor. This suit was begun by a petition, filed by appellant Edwards under § 1955 of the Code of 1892, asking that appellee Kelly be summoned to show cause why a final account should not be made by him as executor, and also as testamentary guardian under the will of Laura Y. Kelly, deceased. The petition alleges that on August 1, 1889, said Kelly and his then wife, Laura V. Kelly, made their joint last will and testament in which they devised and bequeathed to the survivor of each other all of their property, both real and…
1Opinion of the CourtWhitfield, C. J.
None of the statutes of limitation invoked in this case have any application to the case made by the facts. See Peebles v. Acker, 70 Miss., 356, 12 South., 248; Bell v. Rudolph, 70 Miss., 234, 12 South., 153; Cooper v. Cooper, 61 Miss., 676.
*151After Mr. Kelly married again, Edwards’ wife became at once entitled to ber distributive share in the estate left by her mother. There was no way in which the amount of this distributive share could possibly be known until Kelly, as executor, had filed his final account, showing what such distributive share amounted to. Mrs. Edwards could not sue as…
2Cases cited7 opinions
- Cooper v. CooperMississippi Supreme Court · 1884
- Senger v. Senger's Ex'orSupreme Court of Virginia · 1886
- Lord v. MooreSupreme Court of Connecticut · 1849
- Allen v. Maine Central RailroadSupreme Judicial Court of Maine · 1889
- Bell v. RudolphMississippi Supreme Court · 1892
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3Cited by6 opinions
- Newlin v. Mercantile Trust Co.Court of Appeals of Maryland · 1932
- Bailey v. SayleMississippi Supreme Court · 1949
- Laisure v. RichardsIndiana Court of Appeals · 1913
- Day's Administrator v. BrightCourt of Appeals of Kentucky (pre-1976) · 1935
- Jones v. DonelsonCourt of Appeals of Tennessee · 1953
1 more not listed; retrieve them via the Exa API.