Legal Opinion

Byrd v. King

Mississippi Supreme Court

Decided March 15, 1919No. 20764PublishedCited by 1 opinion

Appeal from the chancery court of Neshoba ,county. HoN. A. Y. Woodward, Chancellor. In the matter of the estate of Byrd & King, a partnership. From a decree in favor of J. D. King, administrat- or, on exceptions to final account, Mrs. May Bird appeals. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Neshoba ,county. HoN. A. Y. Woodward, Chancellor. In the matter of the estate of Byrd & King, a partnership. From a decree in favor of J. D. King, administrat- or, on exceptions to final account, Mrs. May Bird appeals. The facts are fully stated in the opinion of the court. The court will bear in mind that this is not an ordinary adminstration, but that the estate is a partnership estate and the surviving partner, acting as administrator, is winding it up., Now our contention is, and was in the lower court that, being the surviving partner, under the law,…

1Opinion of the CourtHoldeN, J.

The partenership composed of A. M. Byrd and J. I). King was doing a general land business under the firm name of Byrd & King in Neshoba county. A. M. Byrd died in 1912, and afterwards J. D. King took out letters of administrator on the partnership estate and proceeded to administer the same for several years, when he. was required by the court to file his final account, which account, when filed, was excepted to as to several items; hence this controversy and appeal here.

The item of. the it. Gr. Ford note and trust deed for five hundred and seventy-five dollars, and the Bank of Philadelphia…

2Cases cited2 opinions

  1. Consaul v. CummingsSupreme Court of the United States · 1911
  2. Ruggles v. BuckleyCourt of Appeals for the Sixth Circuit · 1910

3Cited by1 opinion

  1. Barry v. BarryMississippi Supreme Court · 1945

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