The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

T cited, il is held that a ,lccrcc ~ this charas
ter, i moi crrunoous for hot requiring
rctumllng bond The effect of such q 4,
cree, is 10 order distribution according I.
law, and II made before final settlement. /
cannot he cniorucd until a wiunding bond 1
CNecutcd
The 9Th, IN, sth and 9th ASST enmcuts q
error, relate 60 the msufticicnry OF the srr
vice of pruocss The statute requires thai
the distribution of personal estate shall b,
ordered aud made la the same manner and
subject Ia the same regulations rs real estat,
descended" Code, y, 4Si, art ms Art
H. on same page ia relation 90 real
estate requires that the dcviSccs or heirs
OF The guardians OF such as arc under age.
residing Ia this State, shall be inst sum-
moned, before any decree and distribution is
made ; and art ~, p A6l, makes provisions
Tor eases of minors, who have no guardian,
or when the guardian is personally inter.
ested
Under these provisions. NO valid decree
can be made for distribution unless these
parties IN interest are properly summoned
la the case before us, with the exceptions
Of the ENeeutliX and Executors who appear
ed IN Court, but few, IL any, OF the parties
made Defendants, land four Of whom are
minors, wrrv duly summoned as appears
10y the returns ct the sheriff, on the different
citations issued The decree was, therefore.
void on this ground
The 10Th assignment rrlatcs to the decree.
This was certainly erroneous II was made
without an account, and without proof Of
any sort, 50 far rs the record shows, ascot
tanning thc estate in the hand of the ENocu.
tIiN and Executors 10 be distributed
In the ease Of Cruwder vs.. Shacsleiord. |
~ Il L.nN
discussed, and the rules to br ohsor, ed |
under this Statute, in proceedings Tor dis. |
trihutiuu, are clearly defined.
An account should have been takcu, aud |
the amount aud character and condition of
the estate in their hands, and the dstrlhu-
tive share ofeach Of the parties interested,
aud II, upon full investigation,
with all the parties before it, the Court
should be of opinion, that tho same would
be- Just and proper, and for the best interests
If all concerned then it is made the duty Of
he Court Ito grant rule upon the ENccu-
or or Administrator, Ia make distributions
recording to law. In the case ofCrowder vs..
il is said that their terms grant
rule 10 make distribution imply that the
unds, subject TO distribution, rs well as the
portions of the persons entitled thereto have
'eeu previously aScertaincd and fixed.
IL was therefore error TO grant this decree {
without such previous accounts and ascer- I
ainmcnt of the amount, character aud
oHdition ofthe estate rs wen as the por-
ions of the persons entitled. {
II will be unnecessary TO notice the last I
ssignment, relating TO the plea, which was ,
ED insufficient, Because this plea relates
, the negro children, the increase of the
oman specifically devised "icih Mcir h. I
case" As this property was not affected
y the decree, SO far rs we are enabled to see =
ON the record, the action Of the court In
ference TO this plea did not prejudice APP
Giants. 5
Let the decree he reversed AMI the cause v
manded for further proceedings, according t
this opinion.