Legal Opinion

Tell City Furniture Co. v. Stiles

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 3 opinions

Appeal from the Chancery Court of Warren County. S. M. SheltoN, Esq., Special Chancellor, presiding, by agreement of the parties, Hon. Warren CowaN, being disqualified to preside in this case. Phoebe E. Stiles qualified on the 5th day of October, 1876, as administratrix of the estate of her deceased husband, J. D-Stiles. Appraisers were appointed, and the personalty of the estate was appraised by them.

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Appeal from the Chancery Court of Warren County. S. M. SheltoN, Esq., Special Chancellor, presiding, by agreement of the parties, Hon. Warren CowaN, being disqualified to preside in this case. Phoebe E. Stiles qualified on the 5th day of October, 1876, as administratrix of the estate of her deceased husband, J. D-Stiles. Appraisers were appointed, and the personalty of the estate was appraised by them. The deceased, at the time of his death, owned a stock of goods, wares and merchandise, consisting mostly of furniture and household furnishing goods. The administratrix petitioned the Chancery…

1Opinion of the CourtCooper, J.

The order of the Chancery Court, made on the 5th day of October, 1876, authorizing the administratrix to sell the stock of goods of her intestate at private sale in the usual *855course of business conducted by him in his life time, was without authority of law and void. Art. IX., Chap. 9, of the Code of 1871, comprises a complete scheme for the administration of estates, and regulates the exercise of the probate jurisdiction by the Chancery Courts. Although jurisdiction in matters of administration is conferred upon the Chancery Courts, by the Constitution, the manner of its exercise is…

2Cases cited1 opinion

  1. Cole v. LeakeMississippi Supreme Court · 1854

3Cited by3 opinions

  1. Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
  2. Stone v. MorganMississippi Supreme Court · 1887
  3. In re the Judicial Settlement of the Account of O'NielNew York Surrogate's Court · 1899

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