Portevant v. Neylaus
Mississippi Supreme Court
ERROR to the Circuit Court of Lawrence county. Hon. John E. McNair, judge. 1. An action on an executor’s or administrator’s bond to collect a distributive share, cannot be maintained, until a decree has been first rendered in the Probate Court, fixing the liability of the trustee. Cfreen v. Tumtall, 5 How. 652; Jones v. Irving’s Bx’ors, 23 Miss. R. 361; Washburn v. Philips, 6 S. & M. 431-2; Burrus v. Thomas, 13 lb. 464; Thornton v. Cflover, 25 Miss.
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ERROR to the Circuit Court of Lawrence county. Hon. John E. McNair, judge. 1. An action on an executor’s or administrator’s bond to collect a distributive share, cannot be maintained, until a decree has been first rendered in the Probate Court, fixing the liability of the trustee. Cfreen v. Tumtall, 5 How. 652; Jones v. Irving’s Bx’ors, 23 Miss. R. 361; Washburn v. Philips, 6 S. & M. 431-2; Burrus v. Thomas, 13 lb. 464; Thornton v. Cflover, 25 Miss. R. 134. 2. It has been frequently decided in this court, that the Probate Court has no jurisdiction to decree payment of a distributive share to…
1Opinion of the CourtHandy, J.
This action was brought upon an executor’s bond, in the name of *106the judge of probate, for the use of Buckley, assignee of certain distributees of the testator, to recover the amount found due by the Court of Probates, from the executor to the assignee, in virtue of the assignment of the distributees to him, and decreed to be paid to him upon his application to the court for that purpose. The declaration sets forth the judgment of the Probate Court, ordering payment to him as assignee of the distributees, and founds his claim upon that judgment.
It is now insisted that the declaration shows no…
2Cases cited1 opinion
- Hill v. HardyMississippi Supreme Court · 1857
3Cited by3 opinions
- Estate of SipchenWisconsin Supreme Court · 1923
- Harrington v. La RocqueOregon Supreme Court · 1886
- In Re Estate of M. D. FoleyNevada Supreme Court · 1898