Porter's Heirs v. Porter
Mississippi Supreme Court
APPEAL from the probate court of the county of Franklin. Tilleth Porter filed his petition in the probate court of the county of Franklin, to obtain a distributive share of the estate of Nancy Porter, deceased. The petition stated that Sutton Byrd, the administrator of Abednego Porter, who had been the administrator of Nancy Porter, had settled the account of said Abednego’s administration, and refused to pay a balance due of eight thousand five hundred dollars.
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APPEAL from the probate court of the county of Franklin. Tilleth Porter filed his petition in the probate court of the county of Franklin, to obtain a distributive share of the estate of Nancy Porter, deceased. The petition stated that Sutton Byrd, the administrator of Abednego Porter, who had been the administrator of Nancy Porter, had settled the account of said Abednego’s administration, and refused to pay a balance due of eight thousand five hundred dollars. The petitioner claimed to be one of the seven heirs of Nancy Porter to whom the estate should be distributed. Citations were issued…
1Opinion of the CourtJustice Trotter
gave the opinion at the January term, 1842.
A preliminary question has been made, whether the appeal be allowable, inasmuch as the administrator and two of the distributees have not united in the appeal. The law allows tó any party who may feel aggrieved, the right to appeal from any order, decision, decree or sentence of the probate court. From the nature of the answers of the two defendants who unite in the prayer of the petitioner, they are not injuriously affected by the decree. The cause as to them is at an end; the decree does not aggrieve them. The same may be said of the administrator,…
2Cases cited4 opinions
- Heath v. WhiteSupreme Court of Connecticut · 1824
- Pritchard v. HicksNew York Court of Chancery · 1828
- Davoue v. FanningNew York Court of Chancery · 1819
- Noble v. WilsonNew York Court of Chancery · 1828