Smyth v. Burns
Mississippi Supreme Court
In error from the probate court of Adams county; Hon. Charles P. Duberson, probate judge. . This was a proceeding in the probate court of Adams county by William Burns, surviving executor of the last will and testament of George W. Smyth, deceased, in presenting his final account of settlement in said court of the said estate. Exceptions were filed by C. L. and L. M. Smyth, the legatees of the deceased, to the allowance by the probate court of the account of the executor.
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In error from the probate court of Adams county; Hon. Charles P. Duberson, probate judge. . This was a proceeding in the probate court of Adams county by William Burns, surviving executor of the last will and testament of George W. Smyth, deceased, in presenting his final account of settlement in said court of the said estate. Exceptions were filed by C. L. and L. M. Smyth, the legatees of the deceased, to the allowance by the probate court of the account of the executor. The first exception was, that Burns, the executor, charges the estate with $5,000 invested in stock of the Commercial…
1Opinion of the CourtJustice Fisher
This is an appeal from a decree of the probate court of Adams county, overruling certain exceptions taken by the *427appellants to the account of William Burns, as executor of the last will and testament of George W. Smyth, deceased.
The executor in his account credited himself with the sum of five thousand dollars, money of his testator invested in the stock of the Commercial Bank of Natchez, under the following clause in the will of the deceased,' to wit: “ In further trust and confidence} that they (the executors) will invest all the residue of the proceeds of my estate -in good securities, in…
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