reglab/housing_qa huggingface dataset:
MS Code § 91-7-15 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-15. Will executed by person in armed forces - additional manner of proof

 In addition to the manner in which wills may be proved and admitted to probate in the State of Mississippi under other laws, any will executed by any member of the armed forces of the United States during the Korean War, or any other war, may be proved and admitted to probate, and letters testamentary thereon granted, by the chancery court or the chancellor in vacation of the county in which such testator lived when he became a member of such armed forces, or by the chancery court or the chancellor in vacation of the county in which such testator owned land at the time of his death, on the affidavit of any reliable person or persons sufficient to satisfy the chancellor that the testator is dead, that the writing propounded for probate was signed by the testator as his last will and testament, that the affidavit or testimony of the subscribing witnesses to such will cannot reasonably be obtained, and that there is good reason for such will to be then probated.
MS Code § 91-7-17 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-17. Rejection of will not binding

 The rejection of an ex parte application to probate a will shall not bind any one or extinguish any right.
MS Code § 91-7-19 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-19. All interested may be made parties

 Any proponent of a will for probate may, in the first instance, make all interested persons parties to his application to probate the will, and in such case all who are made parties shall be concluded by the probate of the will. At the request of either party to such proceeding, an issue shall be made up and tried by a jury as to whether or not the writing propounded be the will of the alleged testator.
MS Code § 91-7-21 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-21. Caveat against probate may be filed

 Any one desiring to contest a will presented for probate may do so before probate by entering in the clerk's office in which it shall be presented his objection to the probate thereof, and causing all parties interested and who do not join him in such objection to be made parties defendant. Thereupon the issue devisavit vel non shall be made up and tried, and proceedings had as in other like cases. When an objection to the probate of a will has been made in writing, filed with the clerk, probate shall not be had of such will without notice to the objector.
MS Code § 91-7-23 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-23. Validity contested within two years

 Any person interested may, at any time within two years, by petition or bill, contest the validity of the will probated without notice; and an issue shall be made up and tried as other issues to determine whether the writing produced be the will of the testator or not. If some person does not appear within two years to contest the will, the probate shall be final and forever binding, saving to infants and persons of unsound mind the period of two years to contest the will after the removal of their respective disabilities. In case of concealed fraud, the limitation shall commence to run at, and not before, the time when such fraud shall be, or with reasonable diligence might have been, first known or discovered.
MS Code § 91-7-25 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-25. Necessary parties to contest

 In any proceeding to contest the validity of a will, all persons interested in such contest shall be made parties.
MS Code § 91-7-27 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-27. Probate of will prima facie evidence

 On the trial of an issue made up to determine the validity of a will which has been duly admitted to probate, such probate shall be prima facie evidence of the validity of the will.
MS Code § 91-7-29 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-29. Trial of issue devisavit vel non

 On the trial of such issue, the proponent of the will shall have the affirmative of the issue and be entitled to all the rights of one occupying such position. The witnesses shall be examined orally before the jury, except where in the circuit court depositions would be admissible; and the testimony taken on the probate of the will shall be admissible if the witnesses who delivered it be dead, out of the state, or have since become incompetent.
MS Code § 91-7-31 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-31. Wills recorded

 All original wills, after probate thereof, shall be recorded and remain in the office of the clerk of the court where they were proved, except during the time they may be removed to any other court under proper process, from which they shall be duly returned to the proper office. Authenticated copies of such wills may be recorded in any county in this state.
MS Code § 91-7-33 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-33. Foreign wills recorded

 Authenticated copies of wills proven according to the laws of any of the states of the union, of the territories, of the District of Columbia, or of any foreign country, and affecting or disposing of property within this state, may be admitted to probate in the proper court. Such will may be contested as the original might have been if it had been executed in this state, or the original will may be proven and admitted to record here.
MS Code § 91-7-35 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-35. Grant of letters testamentary

 The executor named in any last will and testament, whether made in this state or out of it and admitted to probate here on an authenticated copy or on the original, shall be entitled to letters testamentary thereon if not legally disqualified. A person shall not be capable of being executor who, at the time when letters testamentary ought to be granted, is under the age of eighteen years, of unsound mind, or convicted of a felony.
MS Code § 91-7-37 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-37. Eighteen the age of majority for executors and administrators

 The age of eighteen (18) years shall be the age of majority of an executor, executrix, administrator or administratrix. In case letters testamentary or of administration shall be granted to any one under twenty-one (21) years, the bond executed by such person for the performance of the duties shall be as valid and binding as if such person were of full age.
MS Code § 91-7-39 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-39. Administration with will annexed

 If there be no executor named in any last will and testament, or if the executors named all renounce the executorship or, being required to qualify, shall all refuse or fail to do so or shall refuse or wilfully neglect, for the space of forty days after the death of the testator, to exhibit the will and testament for probate or shall all be disqualified, then administration with the will annexed shall be granted to the person who would be entitled to administer according to the rule prescribed for granting administration. Before granting such administration, each executor named in the will and testament who has not renounced the executorship shall be summoned to show cause why administration should not be granted. If any executor named be absent from the state at the time of the probate of the will and administration should be granted during his absence, such executor shall be allowed forty days after his return to make application for letters testamentary and, on his qualifying, the letters of administration shall be revoked; and the administrator shall deliver all the estate which has come to his hands to the executor and settle the account of his administration.
MS Code § 91-7-41 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-41. Oath and bond of executor or administrator with will annexed

 Every executor or administrator with the will annexed, at or prior to the time of obtaining letters testamentary or of administration, shall take and subscribe the following oath, viz.:   "I do swear that the writing exhibited byme is the true last will and testament of_______________ , as far as I know and believe, and that I, if and whenappointed as executor, will well and truly execute the same accordingto its tenor, and discharge the duties required by law." Inthe case of an administrator with the will annexed, then say "I,as administrator, will," and "when appointed as administrator,will" etc.   He will alsogive bond in such penalty as will be equal to the full value of theestate, and with such sureties as may be approved of by the courtor by the clerk, payable to the state, with the following conditions,viz.:   "The conditionof this bond is, that if the abovebound_______________ , as executorof the last will and testament of_______________ , shall welland truly execute the willas far as the same may be consistent withlaw, and faithfully dischargeall the duties required of him by law,then this obligation shallbe void." If the obligor be administratorwith the will annexed,then say "the above bound_______________ , as administratorwith the will of_______________annexed, will,"etc.
MS Code § 91-7-43 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-43. Executor as residuary legatee

 If the executor be a residuary legatee, he may, instead of the bond required of other executors, give bond payable to the state in a sum, with two or more sureties, to the satisfaction of the court or clerk, conditioned to pay all the debts and legacies of the testator within one year. In such case the executor shall not be required to return an inventory or appraisement, but he shall file with his petition a sworn statement of the amount of the indebtedness of the testator, so far as he can ascertain the same. The giving of such bond shall not discharge the estate of the testator from liability for the payment of his debts; and such bond shall be subject to suits in the same manner as the bond required of other executors.
MS Code § 91-7-45 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-45. When bond not required

 If the testator, by will, direct that his executor shall not be required to give bond, then none shall be required unless the court or the clerk, at the time of granting the letters or afterwards, shall have reason to require bond, in which event it shall be the duty of the court or clerk to require bond with sufficient sureties. If any creditor of such testator petition the court or the clerk in vacation, under oath, stating his claim and that he believes he is in danger of losing his demand, or some of it, by the bad management of said estate or by the personal insolvency of the executor, such executor, having had five days' notice of the petition, shall be required to give a bond with sureties, to be approved by the court or clerk in vacation, payable to said creditor in a sufficient sum to cover his legal demand, and conditioned to save him from all loss by reason of any act or omission of such executor. Instead of such bond, the executor may give bond as if he had not been relieved from it by the will. If the bond required in either case be not given, it shall be the duty of the court or clerk to remove the executor and grant letters of administration, with the will annexed, to some other person.
MS Code § 91-7-47 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-47. Rights and duties of executor or administrator with will annexed

  Every executor or administrator with the will annexed, who has qualified, shall have the right to the possession of all the personal estate of the deceased, unless otherwise directed in the will; and he shall take all proper steps to acquire possession of any part thereof that may be withheld from him, and shall manage the same for the best interest of those concerned, consistently with the will, and according to law. He shall have the proper appraisements made, return true and complete inventories except as otherwise provided by law, shall collect all debts due the estate as speedily as may be, pay all debts that may be due from it which are properly probated and registered, so far as the means in his hands will allow, shall settle his accounts as often as the law may require, pay all the legacies and bequests as far as the estate may be sufficient, and shall well and truly execute the will if the law permit. He shall also have a right to the possession of the real estate so far as may be necessary to execute the will, and may have proper remedy therefor.   In addition to the rights and duties contained in this section, he shall also have those rights, powers and remedies as set forth in Section 91-9-9.
MS Code § 91-7-49 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-49. Directions of will to be followed

 Whenever any last will and testament shall empower and direct the executor as to the sale of property, the payment of debts and legacies, and the management of the estate, the directions of the will shall be followed by the executor, and the provisions herein contained shall not so operate as to require the executor to pursue a different course from that prescribed in the will, if it be lawful. If land be directed by the will to be sold, the sale shall be made and the proper conveyance executed by the executors, or such of them as shall undertake the execution of the will, or by the person appointed by the will to execute the trust. If the executor fail to qualify or die before he execute the will, and if the person appointed fail to execute the trust, the sale shall be made by the administrator with the will annexed. The executor shall, in all cases, make publication for creditors to probate their claims, as required in the administration of the estates of intestates and with like effect, any provision of the will to the contrary notwithstanding.
MS Code § 91-7-51 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-51. Effect of receipt for money by executor or trustee

 The receipt by an executor or any trustee, whether under a will or other instrument, for any money payable to him in the execution of his trust shall discharge the person paying it from any liability to see to the application of the money, unless otherwise expressly provided in the instrument which creates the trust.
MS Code § 91-7-53 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-53. Temporary administrator

 Whenever it shall be necessary for the care and preservation of the estate of a decedent before the grant of letters testamentary, or of administration, to the person entitled thereto, the chancery court or chancellor in vacation, or the clerk of such court, on the petition of any creditor or other interested person, shall appoint a suitable person to be known as "temporary administrator." The person named as executor or the person apparently entitled to letters of administration may be appointed temporary administrator, unless the court shall find that the circumstances require the appointment of a different person.   Whenever an appeal shall be taken from the grant of letters testamentary, or of administration, or whenever a last will and testament shall be contested, the chancery court or chancellor in vacation, on petition of any interested person, may appoint a temporary administrator if it shall appear necessary for the protection of the rights of the parties, and may make such appointment on such terms and impose such conditions as may seem proper.   The powers of such temporary administrator may be special or general, as the court may find proper, and he may be authorized to take charge of, preserve, and administer the estate until the appeal or contest shall be determined. Letters may be issued to him in ordinary form, except that he shall be therein designated as temporary administrator, and any terms or conditions imposed shall be stated therein; and the letters shall state that he is to act only until another appointment shall be made, either temporary or permanent.
MS Code § 91-7-55 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-55. Estate to be appraised

 Before the temporary administrator shall act as such, he shall take and subscribe an oath at or prior to the time of his appointment to faithfully discharge the duties required of him by law as such temporary administrator, and shall give bond, payable to the state, in such penalty and with such sureties as may be approved by the court or clerk, conditioned for the faithful discharge of the duties required of him as such temporary administrator by law or by order of the court or clerk. Thereupon, the estate shall be appraised as now provided by law upon the grant of letters testamentary or of administration, unless the same shall be dispensed with by the court or clerk. The temporary administrator shall make and return to the court a complete inventory of the estate, as is required by law to be made by executors in general or regular administrators, and, as soon as practicable, shall publish the notice provided by law to be published by executors and administrators, requiring creditors to have their claims against the estate probated and registered. All the provisions of the law governing such notice, the proof and registering of claims, and the bar of such as are not proved and registered shall apply when the notice is published by the temporary administrator, as when published by an executor or a general or regular administrator. When the temporary administrator shall have published such notice, no further notice to creditors to have their claims probated and registered shall be given or published upon any subsequent grant of letters testamentary or of administration; and where the estate has been appraised upon the appointment of a temporary administrator, no other appraisement shall be made upon the grant of letters testamentary or of the administration thereafter, unless the court or clerk shall deem the appraisement necessary or advisable.
MS Code § 91-7-57 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-57. Powers of temporary administrator

 The temporary administrator shall have power, and it shall be his duty, to collect the goods, chattels, personal property and debts of the decedent and to give acquittances for debts and liabilities upon payment. He may sue and be sued in all cases in which a general or regular administrator may sue or be sued; and suits brought by or against him shall not abate by the termination of his authority, but may be prosecuted by or against the executor or administrator thereafter appointed, and judgments recovered by or against him may be enforced by or against the executor or regular administrator thereafter appointed. The court, or chancellor in vacation, may at any time authorize the temporary administrator to sell such of the estate as may be perishable, likely to deteriorate in value, or be expensive to keep, and to dispose of any crops for cash, and to account for such property sold or disposed of. The court or chancellor, in ordering the sale of such property, shall take into consideration any disposition thereof by last will and testament, in case there be such, and shall order the sale of such property or not, as may be best for the parties in interest. After ninety (90) days from the time the temporary administrator was appointed and the time for probating claims has expired, the court or chancellor in vacation may order the temporary administrator to pay the claims of creditors and to hold the balance of the estate to await the ultimate probate or defeat of such last will and testament. In case the court, or chancellor in vacation, shall order the temporary administrator to pay creditors and make distribution, or to do either, he shall have all the powers and rights for the purpose over the estate, real and personal, that are conferred by law upon general or regular administrators; and all laws governing the acts and duties of a general or regular administrator shall then apply to and govern the temporary administrator.
MS Code § 91-7-59 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-59. Compensation of temporary administrator

 On the grant of letters testamentary or of administration, the powers of a temporary administrator shall cease, and it shall be his duty at once to settle his accounts with the court or chancellor in vacation and to deliver all the estate that may be in his hands to the person to whom letters testamentary or of administration shall have been granted. In case of refusal, the court or chancellor may proceed against him by attachment and impose a fine, as for a contempt, not exceeding twenty percent (20%) upon the amount of the estate in his hands; and his bond may be put in suit by the executor or administrator. The temporary administrator shall, at the same time, furnish the executor or administrator with a list of all judgments or suits to which he is a party. The court, or chancellor in vacation, may allow the temporary administrator such compensation as may be just, not exceeding five percent (5%) on the amount of the estate inventoried by him.
MS Code § 91-7-61 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-61. Administrator to institute suits

 If necessary, an administrator may be appointed to institute and conduct suits, whose power shall cease when the litigation is entirely closed and who shall only account for the proceeds of the suit.
MS Code § 91-7-63 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-63. Grant of administration

  Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence; but if the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate died, or that in which his personal property or some part of it may be. The court shall grant letters of administration to the relative who may apply, preferring first the husband or wife and then such others as may be next entitled to distribution if not disqualified, selecting amongst those who may stand in equal right the person or persons best calculated to manage the estate; or the court may select a stranger, a trust company organized under the laws of this state, or of a national bank doing business in this state, if the kindred be incompetent. If such person does not apply for administration within thirty (30) days from the death of an intestate, the court may grant administration to a creditor or to any other suitable person.   In addition to the rights and duties of the administrator contained in this chapter, he shall also have those rights, powers and remedies as set forth in Section 91-9-9.
MS Code § 91-7-65 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-65. Persons disqualified to administer

 Letters of administration shall not be granted to a person under the age of eighteen (18) years, of unsound mind, or convicted of any felony.