From Casetext: Smarter Legal Research

Payne v. Payne

Supreme Court of Mississippi, In Banc
Feb 13, 1950
44 So. 2d 400 (Miss. 1950)

Opinion

No. 37384.

February 13, 1950.

1. Wills — probate — setting aside without notice.

When a will has been admitted to probate, letters of executorship issued, bond furnished and inventory approved, the probate will not be set aside without notice to the proponents.

Headnote as approved by Alexander, J.

APPEAL from the chancery court of Calhoun County; HERBERT HOLMES, Chancellor.

Paul M. Moore and W.J. Evans, for appellant.

Cited Bigleben v. Henry, 196 Miss. 586, 17 So.2d 602.

No counsel for appellees.


Appellant filed for probate the purported will of Hattie Cameron, deceased. The will was admitted to probate and letters of executorship were issued to appellant. Bond was furnished by him, notice to creditors published, and an inventory was later approved by the chancellor.

There was later filed a petition by the appellees to set aside the probate. Taking this petition as a conventional contest of the will, we find that there was no notice to the proponents as required by Code, 1942, Section 506.

The learned chancellor, acting no doubt upon some misapprehension of fact, granted the prayer of the petition and set aside the decree admitting the will to probate. Authority need not be summoned to support the error assigned that such course was unauthorized.

Reversed and remanded.


Summaries of

Payne v. Payne

Supreme Court of Mississippi, In Banc
Feb 13, 1950
44 So. 2d 400 (Miss. 1950)
Case details for

Payne v. Payne

Case Details

Full title:PAYNE v. PAYNE, et al

Court:Supreme Court of Mississippi, In Banc

Date published: Feb 13, 1950

Citations

44 So. 2d 400 (Miss. 1950)
44 So. 2d 400

Citing Cases

Moore, Executrix v. Jackson

Fant v. Fant, 173 Miss. 472, 162 So. 159; Stuckey v. Sallis, 221 Miss. 698, 74 So.2d 749; Sec. 1281, Code…

Perry v. Aldrich, Executrix

Brandon, Brandon, Hornsby Handy, Laub, Adams, Forman Truly, Natchez, for appellee. I. The only question…