Saxon v. Ames

Citations

• 47 Miss. 565

Syllabus

<p>1. Chancery and probate courts.r-The chancery courts established by the present constitution of Mississippi are substitutes for the chancery and’ probate courts which existed under the constitution of 1832, and succeed to all the equity cognizance of the one and to all the probate cognizance of the other, as they existed under the old constitution, the amendments thereto and the statutes.</p> <p>2. Matters of probate in chancery — practice.—Probate law is not administered in the chancery courts according to ordinary chancery practice, but according to the formula laid down in the statutes for probate business. Wells v. Smith, 44 Miss. 304.</p> <p>3. PARTIESy — INFANTS—SERVICE OF PROCESS — CHANCERY AND PROBATE PRACTICE.— The cases of Ingersoll v. Ingersoll, 42 Miss. 155 ; Price v. Crone, 44 Miss. 570; Wells v. Smith, 44 Miss. 304, and others cited as illustrating the distinctions to be observed, as to who are proper defendants, and how they are to be served where infants are concerned, between a court of equity, perse, and the same court exerting its probate jurisdiction.</p> <p>4. Partition — hotch-pot.—Upon ordering a partition of lands* pending administration* and where it does not yet appear that exact justice cannot be done to all the heirs and distributees on final settlement of the administration* it would be premature and erroneous for the court* in anticipation of mere possible inequalities* to consider all the advances previously made to the heirs with a view to hotch-pot.</p>