Satterwhite v. Littlefield

Citations

• 21 Miss. 302

Syllabus

<p>An administrator, as such, and by virtue of the law of this state, has no power to collect assets of the estate in another state ; but if he do so, and bring such assets into this state, and subject them voluntarily to the order of the court of probates in this state, they must be governed by the same rules with the assets in this state.</p> <p>An administrator, by the laws of this .state, is entitled to a commission of from one to ten per cent, on the whole amount of assets administered, for his compensation, to be allowed by the decree of the probate court; this is his whole compensation for the labor, expense, and responsibility of the administration.</p> <p>An administrator cannot, therefore, be allowed any thing for his expenses incurred in the administration of the estate, nor for lawyers’ fees incurred by him in the course of his administration, to enable him to administer the estate properly ; but if he have to bring suits for the estate, or defend those brought against it, he is entitled to employ counsel for that end, and pay for the services out of the estate.</p> <p>It seems, however, that if an administrator have charged the estate with travelling expenses and counsel fees, and, in allowing his account, the probate court do not allow the entire sum charged by the administrator to have been paid out by him, and the administrator appeal therefrom, the high court of errors and appeals will not set aside the allowance in his favor, as the distributees made no objection to it. ></p> <p>If, after twelve months from the grant of administration, the administrator permit money to lie on hand without any good reason, or if he use the money himself, he will be liable for interest; he himself must show the necessity or reason for keeping it.</p> <p>The probate court is not bound by the rules which regulate proceedings in chancery; it may refer an administrator’s account to the clerk to report thereon, and, without waiting for the report, may examine and decree u