United States Fidelity & Guaranty Co. v. State ex rel. Cassell

Citations

• 110 Miss. 16
• 69 So. 1007

Syllabus

<p>'1. Executors and Administrators. Settlement of estates. Courts. Jurisdiction. Parties aggrieved. Construction. Power of executor and court.</p> <p>A.chaucellor may, in vacation, approve an executor’s final account under the authority conferred by Code 1906, section 507, providing that in matters testamentary, the chancellor may do in vacation all things that may be done in term time, but all laws governing the action of the chancery court and the process and procedure therein shall apply when the chancellor acts in vacation; where the .final account contains the requisites prescribed by section 2121 and where the verified written statement prescribed by section 2125 was filed with the account and where • the account remained on file subject to the inspection of any person interested, and where summons was issued and executed as provided in section 2126.</p> <p>2. Executors and Administrators. Settlement of accounts. Jurisdiction.</p> <p>While it is technically true that the chancery court of one county cannot be held in anoth'er county, the action of the chancellor in approving, in vacation, an executor’s final • account pursuant to a summons, commanding the parties interested to appear before him in another county, did not invalidate the proceedings:</p> <p>3. Executors and Administrators. Settlement .of estate. Parties aggrieved.'</p> <p>Where an infant beneficiary under a will received'her share-of'the estate, and neither she nor any one acting for her complained, another beneficiary had no right to complain, the course of the procedure not defeating the purpose of the will.</p> <p>4. Wilt.s. Construction. Powers of executor and court.</p> <p>Under a will directing the executor to continue the testator’s business, for not more than three years, during which time he shall liquidate the business, only buying such goods as may be necessary for the purpose, and declaring that if during the three years the executors or heirs shall think it best that the business s