Cole v. Leake
Mississippi Supreme Court
In error from the probate court of Kemper county; Hon. James F. Johannon, judge of the probate court of Kemper county. The opinion of the court contains the material facts of the case. The excess of interest received by the administrator was not a subject-matter for hotchpot distribution, but would constitute him only a debtor to the estate. Crosby v. Covington, 24 Miss.
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In error from the probate court of Kemper county; Hon. James F. Johannon, judge of the probate court of Kemper county. The opinion of the court contains the material facts of the case. The excess of interest received by the administrator was not a subject-matter for hotchpot distribution, but would constitute him only a debtor to the estate. Crosby v. Covington, 24 Miss. R. 619. For a similar reason the court could decree a distribution of the sum claimed for the hire or use of the negroes jointly by the administrator and deceased. The petition is incongruous. Greer v. Greer, 3 S. & M. 256.…
1Opinion of the CourtJustice Handy
The defendants in error filed their petition in the probate court of Kemper county against the plaintiff in error, as administrator of Peter H. Cole, deceased, alleging in substance that there were unadministered assets in the administrator’s hands, subject to distribution to the petitioners and other heirs of the deceased, including the administrator, who was one of them, and that the deceased had made advancements to each of them, but in unequal proportions, giving much the larger share to the administrator, and praying for distribution of all the undistributed estate, and that the…
2Cited by2 opinions
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