Troup v. Rice
Mississippi Supreme Court
Appeal, and Cross-appeal, from the Chancery Court of Monroe County. Hon. L. Houghton, Chancellor. The appellees, who are residuary legatees under the will of ¡Stephen S. Ewing, deceased, exhibited their bill of complaint .against W. W. Troup and Thomas Ewing, the executors, Susan Troup, a. daughter of the testator and present wife of AY.
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Appeal, and Cross-appeal, from the Chancery Court of Monroe County. Hon. L. Houghton, Chancellor. The appellees, who are residuary legatees under the will of ¡Stephen S. Ewing, deceased, exhibited their bill of complaint .against W. W. Troup and Thomas Ewing, the executors, Susan Troup, a. daughter of the testator and present wife of AY. W. Troup, the children of Mary Troup, deceased, formerly the wife of W. W. Troup and daughter of the testator, and others, residuary legatees who did not join in the bill. The executors are charged with having received, amongst the assets belonging to the…
1Opinion of the CourtChalmers, J.
The primary object of the bill was to force a final settlement, and, as a necessary part of such settlement, to make the-executor liable for the $10,000 note executed by his first and *295second wife, as part of the assets of the estate. There was added a prayer for partial distribution, in case a final settlement should be found impossible. There was nothing inconsistent in these prayers, nor was the bill thereby rendéred demurrable. Neither was it demurrable as a bill for final settlement, though it shotted upon its face that some of the notes, due the estate were uncollected, and one of them…
2Cited by3 opinions
- Owens v. Estate of OwensMississippi Supreme Court · 1904
- Bonine v. GageMichigan Supreme Court · 1911
- In re the accounting of GreenNew Jersey Superior Court Appellate Division · 1883