Legal Opinion

Allen v. Keith

Mississippi Supreme Court

Decided December 15, 1853PublishedCited by 2 opinions

In error from the probate court of Panola county; Hon. J. T. M. Burbridge, judge of the probate court. William Jolly died in Panola county, in the year 1847, and Keith and Yaiden took out letters of administration on his estate.

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In error from the probate court of Panola county; Hon. J. T. M. Burbridge, judge of the probate court. William Jolly died in Panola county, in the year 1847, and Keith and Yaiden took out letters of administration on his estate. In the year 1848, the estate was suggested insolvent at the April term of the court, and commissioners of insolvency appointed, who,, at the September term, 1849, of the probate court, made their report upon the claims that had been presented against the estate. Allen and Apperson failed to lay their claim before the commissioners within the time prescribed by law,…

1Opinion of the CourtJustice Fisi-ier

This case presents but a single point for our consideration, and that is, whether the petitioners are entitled to receive payment of their account out of the surplus of the estate, remaining after satisfying the claims allowed by the commissioner of insolvency.

The estate of Jolly was declared insolvent at the April term, 1848, of the probate court of Panola county. The commissioner’s report was confirmed at the September term, 1849, of said court. The appellants omitted to lay their claim before the commissioner within the time prescribed by law, or to have it established in any other mode…

2Cited by2 opinions

  1. The Union Bank of Tennessee v. Jolly's Adm'rs.Supreme Court of the United States · 1856
  2. Hartman v. FishbeckU.S. Circuit Court for the District of Eastern Wisconsin · 1883

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