W. N. Wilkerson & Co. v. Dockery
Mississippi Supreme Court
J. P. Pratt died'in July, 1879, teátate. J. 3VI. Dockery qualified as executor ou the lltb day of August, 1879, aud ou tbe 11th day of September of the same year his first uotice to creditors to present aud probate their claims was published. Pratt owed appellants an open account and a note which he had executed in his lifetime.
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J. P. Pratt died'in July, 1879, teátate. J. 3VI. Dockery qualified as executor ou the lltb day of August, 1879, aud ou tbe 11th day of September of the same year his first uotice to creditors to present aud probate their claims was published. Pratt owed appellants an open account and a note which he had executed in his lifetime. This claim was not presented to the executor or probated within twelve months from the time of the first publication, and the executor refused to pay it, and suit was brought by appellants against the executor to recover the amount of the claim. The evidence in the…
1Opinion of the Court
Opinion.
Cooper, J.:
The publication of the notice of grant of letters testamentary was commenced within the time required by the statute. Code 1871, § 2937.
No evidence,- however, was given to show that more than one publication was made of the notice. This was not sufficient. The Code provides not only that the notice shall be given by the executor “within one month after the grant of his letters,” but also that the notice “shall be published for three consecutive weeks, or longer, if the court should so direct.”
Creditors are not bound by the notice unless it is given in conformity with the…
2Cases cited1 opinion
- Branch Bank v. WindhamMississippi Supreme Court · 1856