Cock v. Abernathy
Mississippi Supreme Court
From the chancery court of Lee county. TToN. Baxter McBaelaND, Chancellor. Abernathy, the appellee, as administrator of the estate of one Bankhead, deceased, instituted this cause in the court below against Cock, administrator of the estate of one Bobinson, deceased, the object of which was to have a claim in favor of Bankhead’s estate allowed against and paid by the estate of Bobinson.
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From the chancery court of Lee county. TToN. Baxter McBaelaND, Chancellor. Abernathy, the appellee, as administrator of the estate of one Bankhead, deceased, instituted this cause in the court below against Cock, administrator of the estate of one Bobinson, deceased, the object of which was to have a claim in favor of Bankhead’s estate allowed against and paid by the estate of Bobinson. The court below allowed the claim and ordered it paid, and from the decree allowing the claim and ordering it paid, Cock, administrator, appealed to the supreme court. The facts upon which the contention arose…
1Opinion of the Court
OalhooN. J.,
delivered the opinion of the court.
Abernathy was a competent witness for the estate of Bank-head, of which he was the administrator, notwithstanding he was incidentally interested as one of the distributees of Bank-head’s estate. Ife was not testifying to establish his own claim against the estate of the deceased, Robinson. Code, § 1740, and its annotations; B. & A. Digest, 1252; Sweatman v. Parker, 49 Miss., 31.
The objection that there was no sufficient evidence of Bank-head’s death cannot be of any avail to appellant in this proceeding. The grant of letters of administration on…
2Cases cited2 opinions
- Washington v. SoriaMississippi Supreme Court · 1896
- Sweatman v. ParkerMississippi Supreme Court · 1873
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