Stokes v. Lemon & Gale Co.
Mississippi Supreme Court
From the chancery court of Madison county. OEEoN. G. GarlaND Lyell, Chancellor. The Lemon & Gale Company, a corporation, appellee, was complainant in the court below; Stokes, administrator of the estate of Julius Stokes, deceased, appellant, was defendant there. From a decree allowing a claim of complainant against the said estate the defendant appealed to the supreme court.
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From the chancery court of Madison county. OEEoN. G. GarlaND Lyell, Chancellor. The Lemon & Gale Company, a corporation, appellee, was complainant in the court below; Stokes, administrator of the estate of Julius Stokes, deceased, appellant, was defendant there. From a decree allowing a claim of complainant against the said estate the defendant appealed to the supreme court. The appellee failed to have its claim against the estate of the decedent probated, registered and allowed within the period of one year allowed by Code 1906, § 2103, providing that “it shall be the duty of the executor or…
1Opinion of the Court
Whitfield, C.
Tbe notice published by the administrator in this case was as follows: “Notice to Creditors. Whereas, I was duly appointed administrator to the estate of Julius Stotes, deceased, by the chancery court of Madison county, Mississippi, on the 21st day of April, 1908, and having qualified as such: Now, therefore, all persons having claims against the estate of said deceased will probate and file the same within a year from date or the same will be barred.”
It is insisted that this notice is absolutely null and void; that the word “register” should be used instead of the word “file;”…
2Cited by1 opinion
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