Legal Opinion

Rives v. Patty

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 5 opinions

Error to tbe probate court of Winston county. Hyde, J. The plaintiff in error assigned the following errors: 1st. The heirs at law and distributees of Mrs. Davis, deceased, were proper and necessary parties in the proceedings in the probate court. They were never legally cited or notified, consequently the decree is erroneous. 2d.

Read the full summary

Error to tbe probate court of Winston county. Hyde, J. The plaintiff in error assigned the following errors: 1st. The heirs at law and distributees of Mrs. Davis, deceased, were proper and necessary parties in the proceedings in the probate court. They were never legally cited or notified, consequently the decree is erroneous. 2d. It was error to permit a stranger, the plaintiff in error, to appear, and to make up an issue in the probrate court with the administrator of Davis, touching Davis’ administration of the estate of George M. Simpkins, deceased, and to obtain a decree in his favor.…

1Opinion of the Court

Peyton, C. J.:

It appears from the record in this case that John W. Patty, as administrator de bonis non of the estate of Ewell Lam-kin, who died intestate, filed his petition in the probate court of Winston county, setting forth that one Thomas Davis, who was the administrator of the estate of the said Ewell Lamkin, had departed this life intestate, without having made a final settlement of his administration of said estate, and that Brooks J. Rives became administrator of the estate of the said Thos. Davis, and praying that said Rives may be cited to appear at said probate court, and make a…

2Cases cited1 opinion

  1. Ruff v. SmithMississippi Supreme Court · 1856

3Cited by5 opinions

  1. Musick v. BeebeSupreme Court of Kansas · 1876
  2. Deans v. WilcoxonSupreme Court of Florida · 1889
  3. National Surety Corp. v. LaughlinMississippi Supreme Court · 1937
  4. Woodworth v. WoodworthSupreme Court of Kansas · 1937
  5. Court of Probate of Scituate v. SmithSupreme Court of Rhode Island · 1889

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API