The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-01-03
LAWS OF THE STATE OF MISSISSIPPI
PUBLLSHED BY AUTHORITY.
PUBLIC ACTS.
A N A CT

L
Further TO amend the Probate Court Laws
SECTION J. Be it enacted by the Leglsla-
ture of the State of Mississippi, that Art. no |
Sec IA. Chapt 60, of the Revised Code, be |
so amended as to authorize the several Pro-
hate Courts of this State, to make DEGREES
and orders for the sale OF real estate Iof di-
vision among the heirs and distributes Oh
said estate upon the same notice anu IeSu-
lation as in said article ll6, Is made and pro-
yided for the sale OF slaves ana othet per
Sonal property for division
Sec , BE it further enacted, that the pro-
hate court shall have authority TO colipel
any executor, administrator or GuaIoldl'
whose letters may have been feYoKeu, Nac1
| ted. or has been otherwise removed, TO NE
| his or her accounts for settlement ana slloW
| ance. and may enforce settlements by attach
| 1nart i'm the same manner as now provided
| for AGAINST executors, administrators or
/ Guardians whose letters have not peeh ie-
VOkcd or vacated. -
| Sec 3 Be it further enacted, that the pro
hate court shall have authority TO authoIIzo
| INV Guardian to sell the perlshaDle properly
| of his or her ward when it shall appear 10
| Tho satisfaction of the court that the inter
| est of said ward will be promoted tnerepE,
and under the same rules and regulations as
executors and administrators may no" oS
law sell the perishable estate Oh theli 'ee'"
for or intestates estate
c. a Re II further enacted, that where
any executor, administrator or guardian mas
heretofore received on account OF salu estate
or ward anV confederate money, or otAei
donreciated money or currency, IN que course
of business OF in pursuance OF the sI".elo00
of the state of Mississippi, at the time Oh re-
5 ceivinp the same, and when such executor
, administrator or guardian shall snow 10 'lle
satisfaction of the court that he mas peeii
unable TO use any or all of the money 50 col
? Iected by him. said executor, auhlnlS1Iatol
| OF guardian shall only be chargeaple "ltn
I the actual value of said money on haho ho'
e used by him as aforesaid. -. ,o
< Sec. 5. Be it further enacted, that Wliel
any executor, administrator or guardlal
shall have received deprecated money, ms II
Y +he fourth section OF this act mentloneo' al'
V shall have paid debts, liabilities or adNanGe
, for raid estate or ward, over ana ABOVE III
amounts bv him received III depreciate'
$ money as aforesaid, he or she shall only D.
j. allowed in his or her account tne "ctuH
value of the money at the time
Sec g. Be it further enacted, that the plt
. | hate court shall have competent authoill
s. to allow any executor, adlllilI 10 =
Guardian, all expenses legitImately incurred
le any sum or sums they may have hereloloI
II paid for the hire of labor IN keeping up ali ali
Ill farm OF plantation of said estate OF wal!
20 when said farm or plantation was kept up
=" nnrsuance of law and the direction OF tn
" probate court or in pursuance or any las
OF will and testament .1u
Mt Sec + Be it further enacted, thau the pr
os bate court may, in cases where minor lel
of any decedent may not have had any qua
he dian by reason Of any cause which may
af- satisfactory to the court, to allow the exc
,yv utor or administrator OF such estate, u
- amount of money paid out for the suppo
" and education Of such minor heirs 10 u
Tor same extent and no more, than sad mel
by mioht have been entitled to from guardlis
Provided, there shall be any surplus OF s;t
estate subiect to distribution; and provide
further. that the sum or sums OF money
10 Maid ont by such executor or adn4nstrhl1
III Shall be considered and held as an adNan
hS made to said minor as part OF the distrlo
hu tive share of said estate that may De que Ill
dU coming to said minor.
ep- Sec, +. Be it further enacted, that artlt
an 95. section 2, chapter 90, Revised Code be
'hd amended as to allow guardians to comp
mise debts due his or her ward, III the sal
n manner as executors and administrators III
compromise debts due their estates as
ny forth III said arIirie %
- Sec q Be it further enOcted by the A'
N ssIature of the State of Mississippi, that
ticle 43, of chapter 80, of the Revised Co'
mp be SO amended that it shall hereafter be ia
ful for the probate judge or the clerk, OF t
~, probate court, in vacation, 10 take The tes
II mony of any subscribing witness or with
oSe @ SEES as to the execution of any last VIII q
l. testament, ana tiIat the same 80 taken, ali
lSe' be as valid as if taken in open court
L. Sec TO- Be it further enacted, that Il
act shall be in force from and after Its p
sage.
~ Approved, Dec g 1865.