Byrd v. Wells
Mississippi Supreme Court
Appeal from the Probate Court of Franklin county. Hon. James M. Jones, judge. as to the statute of limitations, cited 2 Lomax’s Exrs. 297; 2 Williams’ Exrs. 1635; Horton v. Fucker, 1 Atkyns, 526; Ghcmnbers v. Fermvmore, 4 Harrington, 368; Walter v. Radcliff, 2 Dessausure, 577; WilMwms v. Mcdtlamd, I Iredell’s Eq. B. 100; Wharton’s Digest, page 1105, section 615; Pollcwd v. Sceares, 28 Ala. B. 484; Hodgdon v. White, II New Hamp. 208.
1Opinion of the CourtEllett, J.
The record shows that Wiley Wells died in February, 1844, and that, in March of that year, John P. Stewart proved his will, and qualified as his executor. In June, 1860, Cornelius Byrd, as administrator de boms non of said Stewart, filed in the Probate Court the final account of said Stewart as executor of Wells. No inventory or report of the personal estate or credits of Wells appears, so far as the record shows, ever to have been made by Stewart; nor did he, so far as appears, ever return an annual or partial account.
John L. C. Wells, one of the children and legatees of Wiley Wells, filed…
2Cases cited4 opinions
- Woods v. RidleyMississippi Supreme Court · 1854
- Glenn v. ThistleMississippi Supreme Court · 1851
- Pinson v. WilliamsMississippi Supreme Court · 1851
- Roberts v. RogersMississippi Supreme Court · 1854
3Cited by10 opinions
- In re Estate of SandersonCalifornia Supreme Court · 1887
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Tyler v. TylerIllinois Supreme Court · 1888
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Short v. ThompsonIdaho Supreme Court · 1936
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