Williams v. Campbell
Mississippi Supreme Court
Appeal from the probate court of De Soto county. Sim-mous, J. Appellant was appointed administrator for the estate of D. "W. Brooks, by the probate court of De Soto county in November, 1862. At the same term be was authorized “to sell the perishable property of said estate on a credit of nine months from the day of sale, after giving ten days’ notice of the time and place of sale, by posting in three public places in said county; and he is further ordered to sell the drugs,…
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Appeal from the probate court of De Soto county. Sim-mous, J. Appellant was appointed administrator for the estate of D. "W. Brooks, by the probate court of De Soto county in November, 1862. At the same term be was authorized “to sell the perishable property of said estate on a credit of nine months from the day of sale, after giving ten days’ notice of the time and place of sale, by posting in three public places in said county; and he is further ordered to sell the drugs, publicly or privately, at discretion, and that he require of the purchasers bond with approved security, and make return…
1Opinion of the Court
SlMBALL, J. :
The administrator was licensed by the probate court to sell the drugs on nine months’ credit. Instead of complying with the order of the court, he made a private sale in Confederate money. This occurred in 1863, no report was made until after the war. The proof tends to show, and is perhaps satisfactory on the point, that Williams acted in good faith, and supposed he was doing the best that, under the circumstances, was practicable.
The general rule, applicable to all acting in a fiduciary capacity, including trustees, is, that so long as they keep themselves within the line of…
2Cases cited1 opinion
- Coffin v. BramlittMississippi Supreme Court · 1868
3Cited by2 opinions
- Jacobus v. JacobusNew Jersey Court of Chancery · 1883
- Rogers v. TullosMississippi Supreme Court · 1875