Boyd v. Swing
Mississippi Supreme Court
Appeal from tbe Chancery Court of Adams county. Hon. Hiram Cassidy, chancellor., I. Tbe appointment of Armat as collector of tbe estate of Mc-Neill was void, and consequently the bond signed by Boyd, as surety, is void. It appears from the hill of complaint, that McNeill died intestate, and it is not pretended that there ever was any pretence or contest that he made a will.
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Appeal from tbe Chancery Court of Adams county. Hon. Hiram Cassidy, chancellor., I. Tbe appointment of Armat as collector of tbe estate of Mc-Neill was void, and consequently the bond signed by Boyd, as surety, is void. It appears from the hill of complaint, that McNeill died intestate, and it is not pretended that there ever was any pretence or contest that he made a will. The power of appointing a collector is limited by the statute to the following cases, to wit: “ During any contest about a will, or during the infancy, or in the absence of an executor or executrix, or until a will, which…
1Opinion of the CourtHandy, J.
The bill in this case states, in substance, that the complainant, a resident of the State of Ohio, is administrator of the estate of Archibald McNeill, deceased, who resided in that State, but died in Adams county, in this State, in the year 1840, leaving no personal estate except a debt of about §820, due from one Franks; *195that no one took out letters of administration on the estate of McNeill until letters were granted to the complainant, which took place in Ohio, in the year 1858; that soon after McNeill’s death, Thomas Armat, of Adams county, an attorney-at-law for him, in May, 1840, took…
2Cited by6 opinions
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