Williams v. State ex rel. Flippin

Citations

• 68 Miss. 680

Syllabus

<p>1. Statute oe Limitations. When it begins to run. Administration.</p> <p>When the administrator of an unsettled estate dies and his personal representative files an account of the administration, and a decree is rendered thereon showing abalance due the estate, in a suit by distributees of the estate against the sureties on the bond of the administrator, the statute of limitations of six years begins to run at the date of the decree and not upon the death of the administrator.</p> <p>2. Evidence. Administrator. Decree on accounting. Admissible against sureties.</p> <p>In a suit by distributees against the sureties on the bond of an administrator, a decree in the course of administration, fixing the amount .due by him to the estate, is admissible in favor of plaintiffs, and is prima facie evidence of the amount so due. This is true although the decree is rendered after the death of the administrator, upon an account of the administration submitted by his personal representative. Lipscomb v. Postell, 38 Miss. 476.</p> <p>3. Distributive Share. Suit on bond of administrator. Liability of sureties.</p> <p>Where on the death of an administrator his personal representative settles the accounts of his intestate, the right of distributees to recover their share of the original estate by suit on the bond of the first administrator is not affected by the fact that said personal representative has misapplied the assets of the estate of the first administrator committed to him.</p>