Farley, Jurey & Co. v. Hord

Citations

• 45 Miss. 96

Syllabus

<p>1. Estate oe decedent—power oe administrator to charge estate. — Under the general law, an administrator has no authority to incur debts which will* be obligatory on the estate he represents, except the incidental charges in due course of administration.</p> <p>2. Same —power oe administrator to cultivate earm.—There is an exceptional policy where the estate of a decedent consists, in whole or in part, of property employed in agriculture. The crop growing at the time of the decedent’s death is assets, and may be dealt with by the administrator in two ways. It may be sold under order of the probate court; or, if the interests of the estate be best promoted thereby, the court may direct the administrator to cultivate and complete the crop; and all the labor a,nd other property on the plantation may be employed for that purpose. The court may authorize the administrator, in like manner, to cultivate the farm until final settlement of the administrator’s account, if to the interest of the estate, and without prejudice to the distributees.</p> <p>3. Growing crop—supplies to complete it. —The clause in the statute in relation to completing the growing crop does not delegate to the administrator power to charge the expenses of the crop upon the general assets and property of the estate ; such creditors must look to the crop and its proceeds as a special fund. They take the risk of the sufficiency or insufficiency of the fund to meet their demands.</p> <p>4 Heir —administrator—art. 96, Code 1857, p. 448 construed.—The heir may enter upon the lands subject to the right of the administrator to the growing crop. The legislature did not intend “• that authority to cultivate the farm until final settlement” sho.uld be so exerted as to postpone the distribution, or to keep the heir out of possession indefinitely. This custom should not be construed to confer upon the administrator any larger control over the farm than may be reasonably necessary to make the crop.</p> <p>5. Adm