Dement v. Heth

Citations

• 45 Miss. 388

Syllabus

<p>1. Executors and administrators—final settlement—exceptions — On the final settlement of an executor or administrator, the creditors and distributees of the estate have a right to object to any previous partial settlement, and upon exceptions filed to have the whole account corrected according to the truth and evidence.</p> <p>2. Decree on partial settlement not conclusive—The order allowing an annual or partial settlement of an executor or administrator is not conclusive, but only prima facie evidence of the correctness of the account.</p> <p>3. Administrator de bonis non not entitled to balance found due from former executor or administrator. — A decree on the final settlement of the account of an executor or administrator, which directs a balance, found due from him to the estate, to be paid an administrator de 6orris non is erroneous. The decree in such case should be for payment to creditors, if any, and if none, to distributees.</p> <p>i.- Same— insolvency makes no difference.—The insolvency of the estates makes no difference as to this. In such case the court should decree pro rata distribution among creditors.</p> <p>5. Same—who may claim balance in hands of administrator or executor — Creditors and distributees may sue for the balance found due the estate in the hands of executor or administrator, but an administrator de bonis non cannot. His bond does not cover such balance, and he is charged with the duty of collecting it.</p>