The Panola Miss. lynx., 1846-04-04
NO. Z


obedience 10 the process of any Pro
bate court in this State, shall render
a final account OF his Administration or
guardianship, the Probate court hav-
ing cognizance thereof, shall cause ci-
:ationa TO be issuei and served upon
all the lcgatees, heirs or distributes
Of the tcstator or intestate, or upon
the ward as the case may be, if such
heirs distributes or ward reside within
the county, in which said court sits,
citing them TO be and appear before
said court on day certa in not less than
orty days after such citation shal l& be
issued 10 show cause why such Gce !.dc-
count should not be allowed and a de-
cree made thereon accordingly, and
whenever such heirs, legalces, distri
bItces or ward, shall be non residents Of
this State, or reside beyond the juris--
diction Of the court so that process can
not be served on them, the said eXecu,
tor, administrator or guardian shall
make affidavit of the fact, and the said
Probate couri thereupon shall cause
publication to he made in some news,
paper, in this State, citing said absent
heirs, Iegatees, distributes or ward 10
appear before said court on day Ger.
tain not less than sixty days from and
after the first insertion Of the citation
or notice, TO show cause why such ac-
count should not lie allowed, and de-
i.crce made thercuPon accordingly; and,
y when any such legatees, distributes,
heirs or said wards; shall be minors
or insane, such. citations as to them
shall he served on their guardians by
name and character and in case such
minor and insane persons shall have
; no guardian the said Probate court shall
, appoint a guardian or guardians ad
: Htcm, residing in The Jurisdiction of
/ said court, who shall be cited as aCore;
t said, and may appear in the cause in
$ the same manner as guardians ad Item,
, may do in q court Of equity.
: Sec. IS. Be it further enacted, That
$ in addition to the rules heretofore pre-
!, scribed and now in force for the proofs
: Of claims against the estates Of dcce-
Il dents, hereafter it shall not be lawful
e for any Judge of Probate in this State
b TO allow any claim upon open account,
/ nor for any executor or administrator
to pay the same, unles the contract
il or transaction upon which such, open
J. account is founded shall be first proved
I before such Judge Of Probate by COM
= petent testimony, in addition to the af-
J. fidavit Of the complainant now required
e By law, provided that this section shall
n not apply 10 claims Of less amount than
e twenty dollars. e
d Sec l3. BE IL further enacted, That
e in any proceeding in the Probate courts
5 Of this State. in which any executor or
administrator may contest any claim
1t exhibited against the estate Of any de-
d cedent, the Probate court may at lis
RI discr retion refer the same 10 auditors
ri who may proceed thereon, subject to
he the rules, and exercise all the power:
le which are incident 10 and belong te
e. the Office of a master in chancery, un
le der the laws and usages in force in this
: State.
n, Sec IA. Be IL further enacted, Tha
I'd any appeal bond executed in any o
a the Probate courts of this State undel
existing laws, may be made payable
al to the Judge ofProbate or TO the advers
De party or appellee as the Probate cour
10 may direct.
lg Approved, March 5, 1916