Weir v. Monahan
Mississippi Supreme Court
From the chancery court of Adams county. Hon. W. E. Trigg, Chancellor. The facts are stated in the opinion. Filed separate briefs, but discussing in the main the same questions, and making the following points :— 1. Even if it was too late for the administrator de bonis non to sue on the bond of the deceased administrator, it is still true that the heirs of Monahan could not maintain this suit if the account upon which it is based is not the final account of Doherty, or if…
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From the chancery court of Adams county. Hon. W. E. Trigg, Chancellor. The facts are stated in the opinion. Filed separate briefs, but discussing in the main the same questions, and making the following points :— 1. Even if it was too late for the administrator de bonis non to sue on the bond of the deceased administrator, it is still true that the heirs of Monahan could not maintain this suit if the account upon which it is based is not the final account of Doherty, or if there were one or more subsisting creditors of Monahan’s estate, the heirs being entitled only to the surplus after…
1Opinion of the CourtCooper, J.
The complainants, distributees of the estate of P. L. Monahan, exhibited this bill in the chancery court of Adams county on October 20, 1886, against the representatives of the sureties upon the administration bond of one H. C. Doherty, who was administrator of their deceased father, P. L. Monahan.
The bill avers that all the complainants are infants and sue by their guardian and next friend, except W. J. Monahan, who arrived at majority less than one year before the commencement of this suit; that their father died in October, 1871, in the county of Adams, possessed of a small personal…
2Cases cited5 opinions
- Wingfield v. VirginSupreme Court of Georgia · 1874
- Thompson v. BondurantSupreme Court of Alabama · 1849
- Hambrick v. JonesMississippi Supreme Court · 1886
- Bull v. DagenhardMississippi Supreme Court · 1878
- Dement v. HethMississippi Supreme Court · 1871
3Cited by9 opinions
- Wilson v. WilsonMississippi Supreme Court · 1985
- Ames v. WilliamsMississippi Supreme Court · 1895
- Shelnut v. Department of Human ServicesMississippi Supreme Court · 2009
- Nelson v. RatliffMississippi Supreme Court · 1895
- Triplett v. United StatesDistrict Court, S.D. Mississippi · 1963
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