Ellis v. McBride
Mississippi Supreme Court
On appeal from the probate court of Holmes county; Hon. Alva Wilson, judge of the probate court of Holmes county. The opinion of the court contains the facts of the case. The deeds of gift are good and valid against the donor, his heirs and assigns, and all others claiming under him, except creditors. This is not a suit between a creditor and the heirs of the estate; but it is an action by distributees, or portions of them, against the administrator of the estate.
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On appeal from the probate court of Holmes county; Hon. Alva Wilson, judge of the probate court of Holmes county. The opinion of the court contains the facts of the case. The deeds of gift are good and valid against the donor, his heirs and assigns, and all others claiming under him, except creditors. This is not a suit between a creditor and the heirs of the estate; but it is an action by distributees, or portions of them, against the administrator of the estate. Even admitting that the deeds were executed for fraudulent purposes, these facts are not proven except by witnesses whose…
1Opinion of the CourtJustice Handy
The appellees, as distributees of the estate of Joseph Ellis, deceased, filed their petition in the probate court of Holmes county against the appellant, as administrator of that estate, alleging that the appellant has failed to render an inventory of a considerable amount of property belonging to the estate, and that the penalty of the bond which he executed as administrator is altogether insufficient to cover the property subject to be administered; and praying that he be required to execute a new bond in an amount sufficient to secure the rights of the parties interested, and to return an…
2Cases cited3 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Starke's Executors v. LittlepageCourt of Appeals of Virginia · 1826
- Killinger v. ReidenhauerSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- Snodgrass v. AndrewsMississippi Supreme Court · 1855
- Crawford's Administrator v. LehrSupreme Court of Kansas · 1878
- Gully v. HullMississippi Supreme Court · 1856
- Holliday v. McKinneSupreme Court of Florida · 1886