Barnett v. Stewart
Mississippi Supreme Court
This was a suit for a devastavit against a surviving executor and his surety on a bond. Appellees are the children of Emily Stewart, deceased, daughter of Joel Barnett, who died July 30, 1851. In the last will of Joel Barnett, probated August 5, 1851, special provision is made for his widow as follows: “ I give unto my beloved wife, Mildred Barnett, seven negroes to be selected by herself out of all the negroes that I may die possessed of: I give unto her all my household…
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This was a suit for a devastavit against a surviving executor and his surety on a bond. Appellees are the children of Emily Stewart, deceased, daughter of Joel Barnett, who died July 30, 1851. In the last will of Joel Barnett, probated August 5, 1851, special provision is made for his widow as follows: “ I give unto my beloved wife, Mildred Barnett, seven negroes to be selected by herself out of all the negroes that I may die possessed of: I give unto her all my household and kitchen furniture: I give unto her such portion of my plantation tools as she may choose to select: I give unto her…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · CampbellCampbell, C. J.
Passing by all other questions raised by the demurrer, we hold that upon the facts shown by the bill (which makes the record of the administration of the estate of Joel Barnett, deceased, a part of it), the complainants are not entitled to a decree in this case. The proceeds of the sale of the land of the decedent were not assets. The land was sold under the Act of 1830, and a bond was given for the proper application of its proceeds as required by that act. The money arising from this sale was not covered by the general bond of the executors, and it is to be excluded from the…
Also in this document: Opinion of the Court · Cooper.
3Cases cited3 opinions
- Crowder v. ShackelfordMississippi Supreme Court · 1858
- Irby v. KitchellSupreme Court of Alabama · 1868
- Branch Bank v. WindhamMississippi Supreme Court · 1856