Packwood v. Elliott

Citations

• 43 Miss. 504

Syllabus

<p>1. Legacies — When Payable. — To enable an executor or administrator to get in the assets of his decedent, to pay creditors, and fully inform himself of the condition of the estate, the law allows a period of twelve months from the date of his letters, at the expiration of which, legatees and distributees have, prima facie, a right to bo put in possession of their interests, on executing refunding bonds. And it is the policy of the statute to pass the residue of the estate to legatees and distributees as soon as may conveniently be done.</p> <p>2. Same — To maintain his action against the executor for a pecuniary legacy, the legatee need not wait for a settlement of tho executor’s account. All he need show is that twelve months have elapsed since the grant of the letters, that the creditors have been paid and that the assets are ample to pay the legacy. If special reasons exist rendering payment unjust, improper, or prejudicial to others, such reasons must be shown by the executors.</p> <p>3. Same — Fieei Facias on Deoeee eoe. — A legatee is entitled to havo the decree for payment of his legacy, with interest from twelve months after the grant of letters, enforced by fieri facias de bonis testatoris, but not against the lands.</p>