Legal Opinion

Donald v. McWhorter

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 5 opinions

Error to tbe probate court of Leake county. Campbell, J. The plaintiff in error assigns the following errors: 1. The court below charges tbe plaintiff with the hire of the negro man, John, from the grant of letters’in January, 1860, to the sale in October following, when the inventory and appraisement show that the negro did not come into his possession until the 13th of August, 1860. 2. The court erred in disallowing voucher No. 12, for so much money expended or disbursed…

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Error to tbe probate court of Leake county. Campbell, J. The plaintiff in error assigns the following errors: 1. The court below charges tbe plaintiff with the hire of the negro man, John, from the grant of letters’in January, 1860, to the sale in October following, when the inventory and appraisement show that the negro did not come into his possession until the 13th of August, 1860. 2. The court erred in disallowing voucher No. 12, for so much money expended or disbursed by the plaintiff in the purchase of tombstones for the intestate and his wife. This voucher had been allowed by the court…

1Opinion of the Court

Simeall, J.:

This cause is brought to this court to review the decision of the probate court of Leake county, on summary exceptions taken to the final account of John F. Donald, admistra-trator of the estate of John Adams, deceased.

The first assignment of error challenges the propriety of the debit made against the administrator for the hire of the slave John, from the grant of the letters in January, 1860, to October of the same year, when the slave was sold under probate decree. The testimony shows that John was put in the service of his step-son, John F. Donald, by the intestate, many years…

2Cases cited1 opinion

  1. Donald v. McWhorterMississippi Supreme Court · 1866

3Cited by5 opinions

  1. Richardson v. McCloskeyTexas Supreme Court · 1925
  2. Murray's EstateOregon Supreme Court · 1910
  3. Gaulden v. RamseyMississippi Supreme Court · 1920
  4. Mills v. MillsMississippi Supreme Court · 1973
  5. Cole v. Enterprise Funeral HomeMississippi Supreme Court · 1956

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