Foster v. Schaffer
Mississippi Supreme Court
From the chancery court of Warren county. Hon. William P. S. Yentress, Chancellor. Foster, appellant, propounded a claim for probate against the estate of Frank A. Schmidt, deceased, of which estate, Schaffer, appellee, was administrator. The claim was in writing and in these words: “Vicksburg, Nov. 3, 1902. “Estate of Frank A. Schmidt. “To T. K..
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From the chancery court of Warren county. Hon. William P. S. Yentress, Chancellor. Foster, appellant, propounded a claim for probate against the estate of Frank A. Schmidt, deceased, of which estate, Schaffer, appellee, was administrator. The claim was in writing and in these words: “Vicksburg, Nov. 3, 1902. “Estate of Frank A. Schmidt. “To T. K.. Foster, Attorney.- “For legal advice and services rendered Frank Schmidt, $500.00.” To-this written statement Foster made the affidavit required by statute, Code 1892, § 1932. The administrator contested this claim, and by agreement it was submitted…
1Opinion of the CourtTruly, J.
The probated claim of appellant should have been allowed for the amount found, by the auditors to be due thereon. Sec. 1932, Code 1892, provides that “any person desiring to probate his claim shall present to the clerk the written evidence thereof, if any, or, if the claim shall be a judgment or decree, a duly certified copy thereof, or, if there be no written evidence thereof, an itemized account, or a statement of the claim in writing signed by the creditor,” and make affidavit, to be attached thereto, in the form therein set out. No point is made as to the form of the affidavit which was…
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