reglab/housing_qa huggingface dataset:
MS Code § 91-7-201 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-201. Mistake in description of land may be corrected

 If any mistake shall be made in the description of any land of a decedent sold or leased, either in the petition, decree, or other part of the proceedings, the same may be corrected by the court on petition of the creditor or purchaser or his assigns, and on citation to the executor or administrator.
MS Code § 91-7-203 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-203. Bond to pay debts may be given and decree for sale not made

 A decree for the sale or lease of land shall not be made if any person interested will give bond, describing therein the land sought to be sold, payable to the executor or administrator in a sum to be fixed and with sureties approved by the court, conditioned to pay all the debts duly registered against the estate and the expenses of the administration, so far as the personal estate of the deceased shall be insufficient to pay the same. Such bond shall be filed among the papers of administration and entered on the minutes of the court, and shall have the force and effect of a judgment, upon which execution and other necessary process may be issued in the name of the executor or administrator, after the expiration of six months from the date it shall have been given, against the obligors therein from time to time, until such debts and expenses of administration be paid or the penalty of the bond exhausted. The same may be levied on the lands described in the bond, and the entire interest of the deceased therein may be sold as if the court had decreed the sale in the first instance; and the property of the sureties on said bond may be sold for whatever the land may be insufficient to pay. Instead of enforcing said bond, the executor or administrator or any creditor may petition anew for the sale of the land, as if such bond had not been given; and after the sale under such proceedings, the bond may be enforced, in the manner provided, for whatever the land may be insufficient to pay, and no other bond shall be allowed to prevent a decree for a sale or lease of the land.
MS Code § 91-7-205 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-205. Bond required in decree for sale of lands; waiver of bond

  Except as otherwise provided in subsection (2) of this section, whenever an executor or administrator sells land pursuant to a decree of the court or chancellor in vacation, said executor or administrator shall execute bond with sufficient sureties in an amount equal to the proceeds of the sale of the land. Said bond shall be executed any time before confirmation of sale, either by the court or chancellor in vacation, and may be approved by the court, chancellor in vacation, or the clerk of the chancery court. Such bond shall be payable to the state and shall be conditioned for the faithful application of the proceeds of the sale. When, however, decree ordering the sale of land shall fix an amount or estimated amount to be paid in cash before confirmation, the executor or administrator shall, before sale, execute bond with sufficient sureties to cover such amount or estimated amount to be paid in cash, conditioned for the faithful application of the same which bond may be approved by the court, the chancellor in vacation, or the clerk of the chancery court.  After the expiration of the time in which all claims against the estate of deceased persons must be registered, probated and allowed as provided in Section 91-7-151, Mississippi Code of 1972, the chancellor may waive all or any part of the bond when all the beneficiaries to the proceeds of the sale petition the court to authorize the sale and waive the necessity of a bond.    At the discretion of the court or chancellor, all or any part of the bond described in subsection (1) of this section may be waived but, in such case, the chancellor shall make adequate and sufficient provision for the maintenance and safety of the assets of the estate. Upon waiver of such bond, the court or chancellor may require the proceeds from the sale of land to be held in trust by an executor, administrator or other qualified person and may require such proceeds to be maintained as otherwise ordered by the court in such manner as the court may direct, consistent with the provisions of this subsection.
MS Code § 91-7-207 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-207. Failure to give bond

 If an executor or administrator who has been ordered to sell land of a decedent fail to give the bond required, the court may, after five days' notice to the executor or administrator, direct a master or special commissioner to make the sale, who shall give bond with sureties, as the executor or administrator was required to do, and make sale and report it and, after a confirmation of the sale, convey the land as the executor or administrator might have done under the decree. The master or commissioner shall be allowed by the court such commissions as would accrue from the sale to the executor or administrator, or such compensation as the court may order.
MS Code § 91-7-209 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-209. Purchase-money a charge on property

 Where the property of a decedent shall be sold by order of the court in which the estate is being administered, and the price paid at such sale for the property has been applied to the payment of debts for which the property might lawfully have been sold, or has been distributed to the heirs, legatees, or distributees, or to the guardians of such as have guardians, the property, if such sale were illegal, shall be charged in favor of the purchaser and his assigns with a lien for the purchase-money paid for it at such sale, and interest thereon. Such lien may be enforced in chancery or may be availed of in defense of any action for the land, in the same manner in which a claim for valuable improvements may be allowed in equity. In case of personal property, the possessor having such lien shall be entitled to retain possession until his claim be paid or tendered, unless the party having the title shall resort to the chancery court to adjust the rights of the parties and to sell said property.
MS Code § 91-7-211 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-211. Estoppel from receipt of purchase-money

 Nothing in Section 91-7-209 shall hinder the application of the doctrine of estoppel to assert title to adult heirs who received a share of the purchase-money of land as heretofore announced and applied in this state. The same rule may be applied to minors, persons of unsound mind, convicts of felony, and other wards whose guardians received for them a share of the purchase-money, whether it were actually applied to the benefit of or received by such person under disability or not.
MS Code § 91-7-213 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-213. Borrowing money to pay claims

 When an executor or administrator shall discover that the personal property will not be sufficient to pay the debts of the decedent and the expenses of the administration of the estate, he may file a petition in the chancery court in which the estate is being administered, for the purpose of borrowing money to be secured by a deed of trust, mortgage, or other encumbrance on the lands of the decedent, except the exempt property or homestead which shall not be so encumbered save to pay an indebtedness which constitutes a lien on such exempt property or homestead, and then not without the consent of the exemptionist. The money, when so borrowed, shall be used to pay said claims and expenses.
MS Code § 91-7-215 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-215. Procedure for borrowing

 With such petition the executor or administrator shall file and exhibit to the court a true account of the personal estate, debts due from the deceased, the expenses, and a description of the land to be used as security for the money so borrowed. The court, after service of summons or proof of publication of summons, shall hear and examine the allegations and evidence in support of the petition and the objections to and the evidence against it, if any. If on the hearing, the court be satisfied that the personal estate is insufficient to pay the debts of the deceased and said expenses, and that the land ought to be encumbered for such purposes, it may make a decree for the encumbrance of a part or the whole of the land; and when a part only is decreed to be so encumbered, the decree shall specify what part.
MS Code § 91-7-217 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-217. Overplus and contribution

 In the event the land so encumbered should be thereafter sold by foreclosure or otherwise to satisfy the said debt, interest, attorney's fee, trustee's fees, or expenses of such sale, and there shall exist an overplus of money above the debt, interest, attorney's fees, trustee's fees, and expenses of such sale, the overplus shall be distributed among the heirs according to the law of descent, or among the devisees according to the will. The heir or devisee whose land shall be sold may compel all others holding or claiming under such intestate or testator to contribute in proportion to their respective interests, so as to equalize the burden of loss.
MS Code § 91-7-219 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-219. Procedure in vacation

 Such decree may be rendered by the presiding chancellor of the court in vacation at any time or place within his district, provided summons has been served on the heirs of the decedent, or devisees under the will of the testator, in the manner provided by law for the service of summons on defendants in chancery for at least ten days before the hearing. In such summons, the time and place of the hearing and the purpose of the proceeding shall be definitely stated; and should the summons be published, such publication shall be completed at least ten days before the hearing.
MS Code § 91-7-221 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-221. Executor or administrator to make title to land

 If any person sell lands, enter into contract to make title, and die before the title be made, then the person to whom the title was to be made, his heirs or assigns, may petition the court which granted the letters on the estate of the vendor, for an order on the executor or administrator to make title agreeably to the contract. After the parties interested have been cited by summons or by publication, the court shall hear the petition and evidence, and may decree that the executor or administrator make title according to the contract.
MS Code § 91-7-223 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-223. Executors and administrators may make deeds of conveyance

 The administrator, executor, or testamentary trustee may at any time, by and with the consent of the chancery court or the chancellor in vacation, when the chancellor deems it to the best interests of the estate, execute a deed of conveyance conveying any real property formerly owned by the decedent, where said decedent during his lifetime had executed any bond for title, optional contract, or other instrument conferring upon any party the right to purchase and secure title to said real property, where the execution of such conveyance is necessary in order to carry out the terms, provisions, or stipulation of the said bond for title, optional contract, or other instrument.
MS Code § 91-7-225 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-225. Lands may be leased to pay debts

 In case it shall be made to appear to the court that a lease of the lands of the deceased can be made to raise the money necessary for the payment of the debts of the deceased, and that the leasing thereof will be to the interest of the devisees, legatees, heirs, or distributees, the court may, in its discretion, decree the same to be leased. If a lease of the lands, or any part thereof, be decreed, the executor or administrator shall, upon giving the notice as in like case of sale, lease the same at public outcry or privately, as directed by the decree, to the person who will take the lands for the fewest number of years, not exceeding fifteen, and pay, either in cash or at such time as shall be fixed by the decree, the specific sum to be stated therein, equal to the amount of the debts of the deceased to be paid and the expenses of administration. If the lease be on credit, the lessee shall give security for the payment of the sum, to be approved by the executor or administrator.
MS Code § 91-7-227 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-227. Executors and administrators to renew obligation and encumbrances of estate

 The chancery court or the chancellor in vacation, when he deems it to the best interest of the estate, may authorize the administrator, executor, or testamentary trustee to renew for a specified time any obligation of the deceased and, if such obligation be secured by encumbrance on any property, to renew such encumbrance upon such property. If it be shown to the interest of the estate, such chancery court or chancellor in vacation may direct said administrator, executor, or testamentary trustee to obtain money to pay off said obligation or encumbrance and to execute a new obligation or encumbrance to secure said money; and such obligation or encumbrance extended, renewed, or made shall be a valid charge on the estate or the property included in said encumbrance. Such encumbrance, whether renewed, extended, or made, shall not include any other property not embraced in the pre-existing encumbrance.
MS Code § 91-7-229 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-229. Claims may be sold or compromised

 The court or chancellor in vacation, on petition for that purpose, may authorize the executor or administrator to sell or compromise any claim belonging to the estate which cannot be readily collected; but an order authorizing a sale of any claim shall not be made until after six months from the grant of the letters. The court or chancellor shall specify the terms, conditions, and notice of such sale. In compromising any claim, the executor or administrator may receive property, real or personal, in his name as such, and he shall account for the same as assets of the estate. The executor or administrator shall report, in writing, all sales and compromises to the next term of the court.
MS Code § 91-7-231 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-231. Actions which accrue in administration

 An executor, administrator, or temporary administrator may maintain any action or suit which shall accrue to him in the due course of administration, on any contract which he is authorized to make as such, or for the recovery of personal property, or for injuries thereto.
MS Code § 91-7-233 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-233. What actions survive to executor or administrator

 Executors, administrators, and temporary administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted. They shall also be liable to be sued in any court in any personal action which might have been maintained against the deceased.
MS Code § 91-7-235 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-235. What actions survive against executor or administrator

 When any decedent shall in his lifetime have committed any trespass, the person injured, or his executor or administrator, shall have the same action against the executor or administrator of the decedent as he might have had or maintained against the testator or intestate, and shall have like remedy as in other actions against executors and administrators. Vindictive damages shall not be allowed, and such action shall be commenced within one year after publication of notice to creditors to probate and register their claims.
MS Code § 91-7-237 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-237. Death of party not to abate suit in certain cases

 When either of the parties to any personal action shall die before final judgment, the executor or administrator of such deceased party may prosecute or defend such action, and the court shall render judgment for or against the executor or administrator. If such executor or administrator, having been duly served with a scire facias or summons five days before the meeting of the court, shall neglect or refuse to prosecute or defend the suit, the court may render judgment in the same manner as if such executor or administrator had voluntarily made himself a party to the suit. The executor or administrator who shall become a party shall be entitled to a continuance of the cause until the next term of the court.
MS Code § 91-7-239 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-239. Executor or administrator not to be sued for ninety days

 A suit or action shall not be brought against an executor or administrator until after the expiration of ninety (90) days from the date of letters testamentary or of administration.
MS Code § 91-7-241 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-241. Suit by or against administrator not to abate

 If any executor or administrator die, resign, or be removed, suits or actions commenced by or against him shall not, for that reason, abate; but the same may be prosecuted by or against his successor, who may make himself a party by proper suggestion or, if he fail to do so, may be brought in by the opposite party by summons or scire facias. Judgments recovered by or against an executor or administrator who has died, resigned, or been removed may be revived for or against his successor in the same way.
MS Code § 91-7-243 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-243. Not bound to plead specially

 Executors, administrators, and temporary administrators shall not be bound to plead specially to any action or suit at law brought against them, but they may give any special matter in evidence under the general issue. An executor or administrator, or the sureties on his bond, shall not be chargeable beyond the amount of the assets of the testator or intestate by reason of any mistake, omission, or false pleading of the executor or administrator.
MS Code § 91-7-245 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-245. Any one interested may defend suit

 Any legatee, heir, distributee, or creditor may be admitted by the court to defend any suit against the executor or administrator of the estate in which he is interested, and the case shall be tried and judgment rendered as if the suit had been defended by the executor or administrator; but judgment shall be given against the party for costs incurred in consequence of his becoming a party, if judgment shall be had against the executor or administrator.
MS Code § 91-7-247 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-247. Actions which accrue between administrators

 When there are two (2) or more administrators of an estate, and one or more of them take all the assets, or the greatest part thereof, and refuse to pay the debts or funeral expenses of the deceased, or to account with the other, the court, on petition of the aggrieved administrator and five (5) days' notice thereof to the other, may make an order requiring the delivery or payment to the aggrieved administrator of the proportionate share of the estate to which he is entitled. To enforce compliance, the court may revoke the letters of the administrator in default, and may fine him not exceeding One Hundred Dollars ($100.00) or imprison him not exceeding three (3) months as for contempt. Any executor being a residuary legatee may proceed in the same way and with like effect against his co-executor to recover his part of the estate.
MS Code § 91-7-249 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-249. Executor in his own wrong

 If any person shall alienate or embezzle any of the goods, chattels, personal property, or money of a person deceased, before taking out letters testamentary or of administration, such person shall be liable to the action of creditors and other persons aggrieved, as being executor in his own wrong.
MS Code § 91-7-251 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-251. Liability of executor or administrator of an executor de son tort

 The executor or administrator of an executor de son tort shall be liable to a recovery to the extent of the value of the property received or held by such executor de son tort, if sufficient assets shall have been received to pay the same. Any one who may have become liable as executor de son tort in any other state shall be liable to be sued in this state as such by any creditor, legatee, or distributee.
MS Code § 91-7-253 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-253. Fiduciary not to use funds; investment by fiduciary bank in time certificates of deposit

 No executor, administrator, guardian, receiver or other fiduciary appointed by or acting pursuant to the authority of any chancery court may borrow or use for his own benefit, directly or indirectly, any of the funds or property of the estate committed or entrusted to him by such court, nor purchase or acquire, directly or indirectly, any interest therein adverse to any creditor or beneficiary of such estate. Nor may he loan the same, or any part thereof, to any parent, brother, sister, son, daughter of, or one in loco parentis to the ward or himself, nor to any attorney or agent representing him or such estate, nor to the wife or any child of such attorney or agent. Nor may any court or chancellor authorize or ratify any such prohibited use, acquisition or loan.   Provided, however, the above prohibitions shall not extend to prohibit the investment by a banking corporation of the funds of an estate committed or entrusted to it in time certificates of deposit, provided such be approved by the chancellor, and the banking corporation shall first secure such certificates of deposit in excess of the portion insured by the Federal Deposit Insurance Corporation, as provided in section 81-5-33, Mississippi Code of 1972.