The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-09-01

Such lien msy be enforced by bill or m,
10 be awaited of in defense as claim for il
,e provements in ejeetment may be and. in ca
r Of personal property the same nav he retail
ed IN Possession until the lien is discharge
unless bill in chaucery is lied to sell II
property and adjust the rights of the partie
Il Inc assigns Of the purchaser shall have Il
benefit OF this section. 2O52.
TIE DOCTRINE OF EsroPPEL
As heretofore announced in this State. sha
t nave fun operation against adult heirs recei-
: ing the purchase N Jney Of land in such case
z and The rule is made applicable to minor
" hose guardians shall receive their shar
whether actually applied for the benefit of tn
: minor or not. z 2J53
THE INSOLVENCY OF AN ESTATE
May be represented to the court by any cred
itgr, and like proceedings shall be had as i
other cases. 2055.
NOTICE AND ALLOWANCE OF CLAIMS
Section ll61, Code 1871, is amended at length
The frst publication is dispensed with, if nc
tice to creditors to probate their claims unde
2o2o has been given. Z 2059
DISTRIBUTION TO CREDITORS.
10 Z lIJZ- AOut iof L. Auu and any credI
| tor, whose pro rat share has been aseertained
| a. aforesaid, alter ten days from the date o
| the decree ascertaining his said share, tn,
! same not having been paid, may have execu
| ton against the executor ADM nistrator
| personally, for such sum 5 may be due him
and costs Of execution 2O6O
| ''SO SUIT OR ACTION
! Shall be brought against an executor or ad-
mInlstratOr on any claim against the decedent
! after the estate is declared insolvent; and the
| presentation of a claim and having it regis
| tered ms required by law. shall stop the run
ming of the general statute of limitations as
| to such aim, whether the estate be solvent
or insolVent.' 2O62
WHERE A MINOR Is ENTITLED
Under a decree of the chancery court to a
sum OF money, not exceeding two hundred
dollars, or to personal property in value not
greater than that SUN, the court may order
the same delivered to the minor, or TO some
person for him, who shall be amenable TO the
court but shall not be required to give seen
rity, unless the court shall so direct. Z 2O73
FINAL SETTLEMENTS REoPENED.
ANY person interested may at any time
within two years after final settlement, by
bill or petition, open the account of any execu-
tor, administrator or guardian, and surcharge
and falsely the same, and not after, saving TO
minors anu persons OF unSOunu mind the
same time after the removal of their disability;
and such bills petitions may be filed with
out leave Of the court or chancellor, and evil
aence shall be admissible in such cases to
show the falsity of the account; and such bills
or petitions shall not be governed by the
rules applicable to bills of review in chan
Gerry, but, in such cases it shall be the duty of
the court to correct any errors of law or fact
occurring in the final settlement of the execu-
tor, administrator or guardian" Z 2075.
,,-,,, ,.,,,,-..,, W, 1,,
To I 675, Code 1871. add the following: PRO
Oided That in assessing damages, the jury
shall only render verdict for the amount the
plaintiff may prove that he or she actually
sustained, and yindctive damages shall not
be given, and provided further that such ac-
tion is commenced within one year after the
first publication of notice to creditors to pre-
sent their claims 2OS0
ANY ONE INTERESTED
As legatee, heir, Distribute or creditor may
be admitted to defend any suit against an
estate 2090.
''rHE GUARDIAN OF A MINOR
Whose father or mother is living, and a suita-
BILE person to have the Gus tody of the minor,
shall not be entitled, as against the parent, to
the custody of the ward, but the guardian of a
minor who has no parent shall be entitled to
the custody of such minor as well of his
estate 2t99.
1.-THE GUARDIANSHIP OF EACH
OF several wards shall be kept separately in
all respects" 2l0f
MONEY LOANED OR INVESTED.
Where guardian shall have money of a
ward not needed for current expenditures, or
directed to be invested, he shall apply to the
court for directions rs to the disposition he
IL -7a,. 10
money loaned at interest, or invested in
bonds of this state or of the United States.
If the guardian fails to apply for directions |
as to such surplus money, he shall be ehargea-
BILE with interest thereon at the rate of ten
per cent. per annum. 2l05.
TERMINATION OF GUARDIANSHIP.
Section 1918, Code 1871, is amended. The
powers of guardian are not to cease on the
of the ward, unless the ward is over
eighteen years of age. 2l07.
Said 11ls is fusthor amended so as to pro-
vide when the final account is filed that the |
ward shall be notified to appear ''on a day not
less than one month after service of such sum-
mons or completion of its publication 2l07. |
MAINTENANCE OF WARD.
''If the minor has father or mother the |
court shall determine whether the expense of
and educating the ward shall be |
borne by his guardian, or not, and how much |
may be so expended, and the guardian of a |
minor, who has a father or mother, shall not |
expend any thing for the support education |
Of the ward until the court or the chancellor |
in vacation shall haye ordered, that eXpendi- |
ture for that purpose shall be made by the |
guardian PHI.
IMPROVEMENTS MAY BF MADE
By the guardian on the ward property, under
order of the court or any property may be
sold and the proceeds re-invested by the direc
ton of the court. PIP.
SALE OF LAND AT THE COURT HOUSE.
1229 Code 1871, is 50 amended as to re-
quire sales of land by guardians, TO be made
at the court house of the county in which the
lands are situated, unless otherwise ordered.
2 2l15.
CLERK To BE GUARDIAN.
''If no one will qualify as guardian of a
minor who has property, and is in need of a
guardian il shall be the duty of the chancery
court of the county in which such minor re-
sides to appoint the clerk of such court to be
the guardian of such minor, who shall dis
charge the duties of guardian of such minor
according to law, and under the orders and
direction of the chancery court, and subject
ure so to do; but he shall not be required to
give bond as guardian in such case, and his
otneial 5ond shall cover his liability as such
gafdian, and he shall be bound and liable in
all respects as any otheT guardian; and he
shall not be bound to incur Any cost, except
out of the estate of his ward, and he shah be
allowed at least ten per cent, on the amount
of the estate. if finally settled by him, or less
if NOT Sd settled; and at the termination of his
right to the office, he shall make a settlement
Of Ais guardianship, and de-. tne properly
of the yard u lis successor in Office or to 3D..
other person as may thsp be entitled to re-
ceive it. PHI.
The same provision il made in reference to
the guardianship of persons non eO'npOs mentis
2 2l22.
GUARDIANS FOR CONvICTs.
when any person shall be sentenced to the
penitentiary for one year or me1e, guardian
may be appointed to take charge of the prop