Walker v. State ex rel. Taylor
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw County. Hon. J. A. Orr, Judge. On the twenty-second day of January, 1866, W. F. Walker, one of the plaintiffs in error, became administrator of the estate of John W. Taylor, deceased, and gave bond in the usual form, signed by himself and the other plaintiffs in error.
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Error to the Circuit Court of Chickasaw County. Hon. J. A. Orr, Judge. On the twenty-second day of January, 1866, W. F. Walker, one of the plaintiffs in error, became administrator of the estate of John W. Taylor, deceased, and gave bond in the usual form, signed by himself and the other plaintiffs in error. Walker, as administrator, rendered a final account of the administration of said estate; and, on the thirty-first day of October, 1873, the Chancery Court, when the administration was pending, entered a decree ordering said administrator to pay over to the distributees of the estate the…
1Opinion of the CourtSimrall, C. J.
The single objection urged in argument by counsel for the plaintiffs in error is that the Circuit Court Nad no jurisdiction of the subject-matter. . •
The suit was by the distributees against the administrator, and the sureties on his bond, for a failure to pay over to them the sum found due on the final settlement.
The argument is that, inasmuch as § 976 of the Code confers on the Chancery Court cognizance over bonds given in the course of the administration of estates of decedents, “ to hear and determine, upon proper proceedings and proof, the liability of the obligors, . . . whether as…
2Cases cited1 opinion
- Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
3Cited by2 opinions
- Lawson v. DeanMississippi Supreme Court · 1926
- Whitfield v. EvansMississippi Supreme Court · 1879