Stone v. Morgan

Citations

• 65 Miss. 247

Syllabus

<p>1. Estate oe Decedent. Final account. Exception for failure to collect debt. Evidence of insolvency of debtor.</p> <p>On the hearing of an exception to the final account of an executor for a failure to account for a debt due the estate, the executor testified that the debtor “is insolvent.” Beld, that no effort having been made by the exceptors to elucidate this testimony, by further examination of the executor, it is proper to conclude that such debtor has been insolvent ever since the death of the testator.</p> <p>2. Same. Non-accounting for debt. Evidence on exception thereto. Case in judgment.</p> <p>It is not sufficient to excuse an executor from accounting for certain claims due the estate, for him to file, for the first time, a list of such claims as uncollectible, after the presentation of a petition by the legatees for a final settlement. But, upon exception taken for such non-accounting, some evidence should be introduced at the hearing thereof to show that such claims were not collectible.</p> <p>3. Same. Final account. Executor estopped to re-open annual account. Case in judgment. '</p> <p>An executor deposited funds of the testator’s estate in a merchant’s safe, and the same were stolen. Afterwards the executor, in his annual account, reported such funds as being in his hands, which account was duly passed on and allowed by the court. In his final account the executor asks credit for the funds so stolen. Held, that he is estopped to re-open the decree on his annual account by making a statement of facts different from that upon which his annual account was approved.</p>