McMahan v. Foy
Mississippi Supreme Court
Appeal from the chancery court of Newton county. Hon. Sam Whitman, Jr., Chancellor. Suit by W. S. McMahan against M. P. Foy, administrator of the estate of D. J. McDonald, deceased. From .a judgment for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
Read the full summary
Appeal from the chancery court of Newton county. Hon. Sam Whitman, Jr., Chancellor. Suit by W. S. McMahan against M. P. Foy, administrator of the estate of D. J. McDonald, deceased. From .a judgment for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The affidavit made by the appellant and attaching the receipt as it is described by the clerk thereto satisfied the clerk that the claimant had done all that the law required him to do as he understood the law. It is true he, the ■clerk, did not require that the original receipt should be filed in his…
1Opinion of the CourtCook, J.
Appellant attempted to probate a claim against the estate of D. J. McDonald, deceased, the probation and payment of which was contested by the adminstrator. The claim was represented by a written receipt signed by deceased. Appellant did not present this receipt to the clerk, but did present a copy thereof, which copy was indorsed by the clerk, “Probated and allowed.” The chancellor, after hearing evidence, disallowed the claim; therefore this appeal.
“Any person desiring to probate his claim shall present to the clerk the written evidence thereof, if any,” is the language of section 2106 of…
2Cited by3 opinions
- Jennings v. Lowery BerryMississippi Supreme Court · 1927
- Rice Stix Dry Goods Co. v. MonsourMississippi Supreme Court · 1937
- Stewart v. Estate of WilliamsonMississippi Supreme Court · 1962