Legal Opinion

Vertner v. McMurran

Mississippi Chancery Courts

Decided July 1, 1844PublishedCited by 1 opinion

This bill states that Lyman Harding, the former husband of Elizabeth Harding, died, leaving a large estate, real and personal, and that his said wife and an only son, Winthrop S. Harding, were the only persons entitled to distributive shares of the said estate. That she intermarried afterwards with said Daniel Yert-ner, and in 1828 and 1829 paid to the said Winthrop the whole of his claim to his father’s estate, and took from him a release of all his interest in said estate.

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This bill states that Lyman Harding, the former husband of Elizabeth Harding, died, leaving a large estate, real and personal, and that his said wife and an only son, Winthrop S. Harding, were the only persons entitled to distributive shares of the said estate. That she intermarried afterwards with said Daniel Yert-ner, and in 1828 and 1829 paid to the said Winthrop the whole of his claim to his father’s estate, and took from him a release of all his interest in said estate. That all creditors have been fullypaid, and the said Daniel Yertner, and his wife, the said Elizabeth, are the only…

1Opinion of the Court

The Chancellor.

The bill is brought against the defendant, McMurran, as administrator of W. B. Griffith, deceased, who was administrator of Lyman Harding, deceased. The complainants claim as the distribu-tees of said Harding, and seek to open the accounts rendered and settlement by said Griffith, as administrator of Harding, and to surcharge and falsify such accounts for the errors and mistakes alleged in the bill, and for a decree for such sum as, upon re-examination of said accounts, may be found due them from the estate of said Harding. The form of the pleadings renders it unnecessary to.…

2Cases cited3 opinions

  1. Gelston v. HoytSupreme Court of the United States · 1818
  2. M'Lenachan v. Commonwealth ex rel. BucherSupreme Court of Pennsylvania · 1829
  3. Lowry v. JenkinsCourt of Appeals of Kentucky · 1813

3Cited by1 opinion

  1. Thomas v. RiegelSupreme Court of Pennsylvania · 1835

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