Torrence v. Kerr
Mississippi Supreme Court
In error from the probate court of Yalobusha; Hon. T. A. Cheves, judge of the probate court of Yalobusha county. The probate court of Yalobusha county, on due notice given, allowed the final account of Thomas Carbry, executor of William Kerr, deceased, .on the 12th of November, 1850. It was then ascertained that the balance of the estate remaining in the hands of said executor was $6,291, and thereupon the probate court proceeded to make distribution of the same among those…
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In error from the probate court of Yalobusha; Hon. T. A. Cheves, judge of the probate court of Yalobusha county. The probate court of Yalobusha county, on due notice given, allowed the final account of Thomas Carbry, executor of William Kerr, deceased, .on the 12th of November, 1850. It was then ascertained that the balance of the estate remaining in the hands of said executor was $6,291, and thereupon the probate court proceeded to make distribution of the same among those entitled thereto. Carbry, the executor, died before distribution was had, as decreed, and Torrence and Snider were…
1Opinion of the CourtJustice Fisher
The appellee by her next friend filed her petition in the probate court of Yalobusha county, against the appellants, as administrators of the estate of Thomas Carbry, deceased, to have revived and duly enforced a certain decree made by said court at the November term, 1850, thereof, in her favor, against the said Carbry on his final settlement, as executor of the last will and testament of William Kerr, deceased, father of the petitioner.
It was objected in the court below, both by demurrer and plea to the scire facias, that the decree was not final, and could not therefore be revived. The…
2Cited by2 opinions
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