Jordan v. Ball

Citations

• 44 Miss. 194

Syllabus

<p>1. Devisee — Administratob—Distributee.—7. died in 1867, leaving a will wbterens he bequeathed to his niece, Mrs. W., and her four children, all his real and personal estate, but named no executor. The niece» at the November term of the probate court, 1867, liad the will regularly probated, and herself, Wm, W., and B. were appointed administrators, cum testamento annexo. The niece being beneficially interested in part of the estate, as devisee, the probate court will not revoke her letters upon the application of a brother who cannot acquiro any beneficial interest in the estate.</p> <p>2. AD;masTEATioN — Preference—Eoreeitttee.—Whore the testator devised his whole estate and there are no distributees within the meaning of our statute, the probate court, in the granting of administration with the will annexed, will disregard the application of those specially designated- and preferred by the statute. Even husband and wife, and distributees, who may be entitled to the preference under the statute, will forfeit that preference by delaying to apply within sixty days from the death of the decedent.</p> <p>3. Order of preference — Discretion of court. — The object of our statute, fixing the order of preferment in the grant of administration, is to give the management of tho estate to the person having tho beneficial interest in it. Husband and wife and distributees have the right of administration secured to them by statute, but as to all others it is a matter within the discretion of the court.</p> <p>4. Joint administration — Where a devisee applies for and obtains letters of administration there is nothing wrong in her asking that other persons shall be joined with her, and in granting that request there is no abuse of discretion on tho part of the court.</p>