Adams v. Yancy
Mississippi Supreme Court
Appeal from the chancery court of Tippah county. HoN. D. M. Kimbrough, Chancellor. R M. Adams as administrator of T. B. Weir, deceased, filed his final account, to which Mrs. Mamie Young and others excepted. From a decree for exceptants, the administrator appealed. T. B. Weir died intestate in Tippah county, Miss., leaving as his heirs at law his four. daughters and the six children of a son, R A. Weir, who had died about two years before.
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Appeal from the chancery court of Tippah county. HoN. D. M. Kimbrough, Chancellor. R M. Adams as administrator of T. B. Weir, deceased, filed his final account, to which Mrs. Mamie Young and others excepted. From a decree for exceptants, the administrator appealed. T. B. Weir died intestate in Tippah county, Miss., leaving as his heirs at law his four. daughters and the six children of a son, R A. Weir, who had died about two years before. Appellant, who was appointed administrator of the estate of said T. B. Weir, filed his final account, showing that he had as a part of the assets of the…
1Opinion of the CourtCook, J.
There is hut one question raised by this record we deem it necessary to consider; that is, are the children *242of a son, who died before bis father died, entitled to share in the distribution of their grandfather’s estate, unaffected by any debts due by their father to their grandfather? We think this question must be answered in the negative.
Undoubtedly the grandchildren of the deceased take by representation, and, in effect, stand in the shoes of their deceased parent. In Hughes’ Appeal, 57 Pa. 179, it is said: “We must take it now as settled beyond recall . . . that grandchildren, whose…
2Cases cited4 opinions
- Head v. SpierSupreme Court of Kansas · 1903
- Fletcher v. WormingtonSupreme Court of Kansas · 1880
- Hughes's AppealSupreme Court of Pennsylvania · 1868
- Norfleet v. CallicottMississippi Supreme Court · 1907
3Cited by2 opinions
- In Re Estate of ClaryCalifornia Supreme Court · 1928
- Russell v. BullinerIllinois Supreme Court · 1938