Jones v. R. L. Clemmer & Son

Citations

• 98 Miss. 508
• 54 So. 4

Syllabus

<p>1. Descent and Distribution. Action by distributee. Executors and administrators. Personal property. Recovery.</p> <p>Tlie general rule is that only executors or administrators of an estate can sue to recover the personal property of the estate, but there is a well established exception to this rule.</p> <p>2. Suit by Distributee.</p> <p>A distributee of an estate can sue to recover the personal estate of tlie decedent in chancery, but not at law, if there are no valid outstanding debts against the estate and no administration or if there has been administration which has been finally settled.</p> <p>3. Code 1906, Section 775. Appeal from, justice of peace. Amendments.</p> <p>Where a suit is brought by the distributee of an estate for the recovery of the persona] property of a decedent in a justice of the peace court and an appeal is had to the circuit court, and pending .such appeal an administrator is appointed for the estate of the decedent an amendment should be allowed substituting such administrator as plaintiff in the suit in the place of the distributee as provided for in the Code of 1906, § 775.</p>