Legal Opinion

Patton v. Pinkston

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 2 opinions

Ebom tbe chancery court of, first district, Panola county. UoN. JuliaN C. WilsoN, Chancellor. Mrs. Pinkston and others, the appellées, were complainants, and Patton and others, the appellants, defendants in the court below. Prom a decree in complainants’ favor the defendants appealed to the supreme court. The facts are stated in the opinion of the court.

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Ebom tbe chancery court of, first district, Panola county. UoN. JuliaN C. WilsoN, Chancellor. Mrs. Pinkston and others, the appellées, were complainants, and Patton and others, the appellants, defendants in the court below. Prom a decree in complainants’ favor the defendants appealed to the supreme court. The facts are stated in the opinion of the court. As á general rule, an executor or administrator is always necessary to take charge of, collect, and disburse the personal assets of a decedent. Marshall v. King, 24 Miss., 85 ; Browning v. Watlcins, 10 Smed. & M., 485; Hickox v. Frank, 102…

1Opinion of the Court

Cox, J.,

delivered tbe opinion of tbe court.

Mrs. Sarah E. Pinkston and Samuel W. Emmons, complainants below and appellees here, in their bill against Samuel R. Patton and Julia A. Patton and W. A. Gage & Co., who are appellants here, allege that complainants and said Julia A. Patton, being tbe wife of said Samuel R. Patton, are tbe children and only heirs at law and distributees of Eranklin Em-mons, deceased, who died in 1904; that said Eranklin Emmons left a last will and testament, which has been duly probated, naming one J. B. Boothe as executor, who has failed and refused to qualify, and…

2Cases cited3 opinions

  1. Wood v. FordMississippi Supreme Court · 1855
  2. Ricks v. HilliardMississippi Supreme Court · 1871
  3. Rabb v. GriffinMississippi Supreme Court · 1853

3Cited by2 opinions

  1. Alvarez v. ColemanMississippi Supreme Court · 1994
  2. Robinson v. StrautherMississippi Supreme Court · 1914

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