Ridgeway v. Jones

Citations

• 125 Miss. 22
• 87 So. 461

Syllabus

<p>1. ExeoutoRS and admxh-istrators. Statutory requirement that executor file vouchers for disbursements for annual accounts mandatory.</p> <p>Section 2121, Code 1906 (Hemingway’s Code, sec. 1789), making it the duty oí an executor to produce and file with his annual accounts vouchers for disbursements made, is mandatory, and it is not within the discretion of the chancellor to dispense at will with this requirement of the statute.</p> <p>2. Executors and administrator; Executor may file duplicate of cost vouchers for disbursements.</p> <p>Since the vouchers which executors are required to file with their annual accounts are. mere receipts for money paid out, there is nothing in the object or purpose sought to be accomplished by their production, or in the nature of the voucher itself which forbids the duplication or substitution of a lost voucher.</p> <p>. 3. Executors and administrators. Executor may not pay claims not probated and allowed.</p> <p>An executor has no authority to pay claims against the estate of a decedent which have not been probated and allowed, and he should not be allowed credit for claims so paid.</p> <p>4. Executors and administrator. Expenditures for funeral expenses and monument may be allowed if not excessive.</p> <p>The reasonableness of expenditures made by the executor for funeral expenses and monument for the deceased testator is a matter which is addressed to the sound judgment and discretion of the chancellor, and an executor may be allowed credit for such expenditures if in the opinion of the chancellor the same are not excessive.</p>