Blue v. Watson
Mississippi Supreme Court
Appeal and cross appeal from the Chancery Court of Lincoln County. Hon. H. S. Van Eaton, Chancellor. The court below erred in overruling the demurrers to the bill of interpleader. An administrator cannot interplead the estate. He is an interested party. He is constituted by the court a trustee to look after and protect the interest of the estate for the benefit of creditors and heirs.
Read the full summary
Appeal and cross appeal from the Chancery Court of Lincoln County. Hon. H. S. Van Eaton, Chancellor. The court below erred in overruling the demurrers to the bill of interpleader. An administrator cannot interplead the estate. He is an interested party. He is constituted by the court a trustee to look after and protect the interest of the estate for the benefit of creditors and heirs. He will not be allowed to claim that he has no interest in property claimed by the estate, or to which the estate has a claim. It is contrary to the policy of the law. Adams v. Dixon, 19 Ga. 518. If this is a…
1Opinion of the CourtCooper, J.
N. R. C. Watson exhibited the bill in this cause, in the Chancery Court of Lincoln County against the heirs and distributees of John Watson, and against the heirs and distributees of one Nathaniel Watson, and against Mrs. Eliza Dakin, in which he states that he is the administrator of the estate of John Watson, appointed to that office by the said Chancery Court of Lincoln County. That John Watson in his lifetime was the guardian of his brother, Nathaniel Watson, who was a lunatic, and that since the death of John Watson, he as administrator had filed in the Chancery Court of Jefferson County…
2Cases cited3 opinions
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Bedell v. HoffmanNew York Court of Chancery · 1830
- Davis v. BowmarMississippi Supreme Court · 1878
3Cited by7 opinions
- Barrett v. CadySupreme Court of New Hampshire · 1915
- Oglebay v. Tippecanoe Loan & Trust Co.Indiana Court of Appeals · 1907
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- Maxim v. ShotwellMichigan Supreme Court · 1920
- VanDyke v. Ætna Life InsuranceSupreme Court of North Carolina · 1917
2 more not listed; retrieve them via the Exa API.