Anderson v. Gregg

Citations

• 44 Miss. 170

Syllabus

<p>1. Pbobate cotjet — Pbactioe_Any person entitled to distribution of an estato, may apply for that purpose, and tho strict, technical rules of pleading do not apply to such proceedings in the probate court. That court had ample power to refer accounts of administrators and others to a commissioner for examination and restatement. 35 Miss,, 356; 38 ib., 1G7.</p> <p>2^ Adüunisteatoe — Discbetioh—Pbobate coukt. — Where tho assets of an estate consist of bills of exchange drawn by persons or firms residing out of the estato, or persons or firms residing out of the state, and did not comointo tho hands of the administrator until they were past due, and so no demand was, or could be made by him for paymont at maturity; and upon application by him to the drawers in Mobile» and the drawers in New York, both declined payment; and being in doubt as to the liability of either of the parties, and apprehending that those bills might be lost to the estate, ho negotiated them to several persons in exchange for their promissory notes with security, and had collected some of them. Held: That this was a judicious exorcise of discretion by the administrator, and in which he ought to be sustained t by the court. 43 Miss., 517.</p> <p>3. Non-resident debtors — Power oe administrator as to responsibility. — The offioo and power of an administrator is limited to the state of country, whose courts confer the office, and he cannot in aforeign jurisdiction, sue for, and collect in assets, whether in the form of tangible property, or choses in action. The administrator appointed in this state, could not make in Mobilo or New York, a legal demand for payment of these bills 'of exchango. Riley v. Mosoly, supra 1. ' Ho can only be held to a fair account for the promissory notes received in exchange for these bills, and to reasonable diligence for their collection.</p> <p>4. Choses in action — Distributed with consent oe distributees. — Whore the assets of an estate consists in notes and other