Stone v. Morgan
Mississippi Supreme Court
Appeal and Cross-appeal from the Chancery Court of Carroll County. Hon. R. W. Williamson, Chancellor. Dudley Stone died in May, 1884, testate, with W. T. and J. B. Stone as his executors. In May, 1886, Lizzie Morgan and others, legatees and devisees, filed a petition asking for a final settlement of the estate, and the executors were ordered to make such settlement.
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Appeal and Cross-appeal from the Chancery Court of Carroll County. Hon. R. W. Williamson, Chancellor. Dudley Stone died in May, 1884, testate, with W. T. and J. B. Stone as his executors. In May, 1886, Lizzie Morgan and others, legatees and devisees, filed a petition asking for a final settlement of the estate, and the executors were ordered to make such settlement. The executors then filed their final account, to which the petitioners excepted as follows: “ 1. Because the amount of a note due the estate by W. Gr. Stone, to wit, for $100, is not included in the debits against said executors.…
1Opinion of the CourtCooper, C. J.
This cause comes up on appeal and cross-appeal'from the action of the court below on exceptions to the final account of the executors.
The first exception should not have been sustained. One of the executors testified that W. G. Stone, the debtor, “ is insolvent ; ” the objection that it cannot be inferred from this that he was insolvent at the time when collection of the debt should have been made, is too refined. The executor was giving his reason for not having collected the debt, or showing why it could not have been collected. The only fair inference is that the debtor has always been…
2Cases cited5 opinions
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