Hollman v. Bennet

Citations

• 44 Miss. 322

Syllabus

<p>1. Pbobate ooubT — Jurisdiction.—'Tho probato court lias no authority to decree the sale of the lands of a decedent for the purpose of paying the commissions’ allowed to an administrator for his care and trouble as such.</p> <p>2. Common law — Statute—Oonstbuction.—The common law of England brought over by the colonists, so far as applicable to the new circumstances and condition of the people and the country, and so far as not changed by the statute, is the law of this state; and. the courts Will construe strictly all statutes passed in modification or derogation thereof, assuming that the legislature hayo, in the terms used, expressed all tho change it intended to make in the old law, and will not, by construction or intendmont, enlarge its operation.</p> <p>3. Real estate — Descent—Lubisdiction.—On the death of the ancestor the title io Ms real estate vests immmediately in his heirs at law, and can only be divested by their own voluntary dead or act, or by the judgment of a court of competent juris-dlcHonl 1 ™~ *</p> <p>4. Pbobate coubt — Jüsísdictioií.—The probate court has no jurisdiction over lan cl fof any purpose whatever by the constitution, or inherently in the nature of its organization. It is only by virtue of the special, conditional power conferred by the legislature, on the happening of the event named in tho statute, that the probate co'irt can assume jurisdiction on tho land which has vested in the heirs.</p> <p>6. AmumtsTBATioir — Assess—Commissions.—The goods and chattels and personal estate, and choses in action of the decedent, or which may have accrued to his estate after his death from the sale of property, real and personal, or otnerwise, shall be assets, and shall stand chargeable with all the debts and expenses, and the expenses of admifeistering tlio estate; and the lands, tenements, and hereditaments shall also-stand chargeable for the debts over and above what the personal estate may bo sufficient to |>ay. Rev. Code, 443, art. 80. The