Owens v. Estate of Owens

Citations

• 84 Miss. 673

Syllabus

<p>1. Executors. Accounting. Representative of deceased executm'. New party.</p> <p>Where a suit is begun by a distributee of an estate to compel an accounting by a surviving executor it is proper, on application of the survivor, to make the personal representative of the deceased executor a party to the proceeding.</p> <p>2. Same. Depositions. New pa/rty.</p> <p>In such case depositions taken before the representative of the deceased executor was made a party are admissible.</p> <p>3. Same. Appeal. Questions reviewable.</p> <p>In such case, upon appeal, the supreme court will not review matters which the court below expressly declined to pass upon, reserving the same for decision on fuller proof, nor will an assignment of error be considered which seeks to review the action of the court below holding an executor chargeable with a bond where after the appeal was taken the bond was accounted for by the executor.</p> <p>4. Same. Executors charged with interest.</p> <p>Where executors collected money belonging to the estate, and rendered no accounts for more than two years, deposited the money in their own bank credited to them as guardians of the distributees, when they were not guardians, and the money so remained in the bank for ten years, the bank in the meantime loaning money to the distributees at interest and selling property to them, taking interest-bearing notes therefor, they are chargeable with interest at the legal rate during the time the money was in the bank.</p> <p>5. Same.</p> <p>Where executors, without excuse, left a sum due the estate in the hands of the debtor for nearly fifteen years, not collecting it till compelled to do so in a proceeding for an accounting, they were • chargeable with interest on the amount.</p> <p>6. Same. Commissions. Donation. Return to estate.</p> <p>Where it appeared that an executor intended to return his commissions to the estate, it was improper to treat such' intention as a donation to a part of the distributees, as ea