reglab/housing_qa huggingface dataset:
MS Code § 91-7-305 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-305. Distribution of assets in kind to surviving spouse

  Whenever under any last will and testament or trust indenture the executor, trustee, or other fiduciary is required to, or has an option to, satisfy a bequest, devise, or transfer in trust to or for the benefit of the surviving spouse of a decedent by a transfer of assets of the estate or trust in kind at the values as finally determined for federal estate tax purposes, the executor, trustee, or other fiduciary shall, in the absence of contrary provisions in such will or trust indenture, satisfy such bequest, devise, or transfer by the distribution of assets, including cash, fairly representative of the appreciation or depreciation in the value of all property available for distribution in satisfaction of such bequest, devise, or transfer.   This section shall apply to wills of decedents dying before or after May 20, 1966, and to trust agreements executed before or after such date; provided, however, that this section shall not be applied so as to require repayment to the fiduciary of any distributions actually made prior to such date, nor to impose any obligation or liability upon the fiduciary by reason of distributions actually made prior to such date.   The enactment of this statute is not intended to imply that the present law of this state, relating to selection of property by fiduciaries in the circumstances herein described, has been otherwise than as set forth in subsection (1) hereof.
MS Code § 91-7-307 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-307. Delaying settlement

 If an executor or administrator improperly delay making a final settlement, he shall be summoned to show cause why a final settlement should not be made. On the return of summons executed, if a final settlement be not made or cause shown why it cannot then be made, the court may fine such delinquent in any sum not exceeding Five Hundred Dollars ($500.00) and imprison him not exceeding three months, for a contempt. Any executor or administrator whose letters have been revoked may be dealt with in like manner for failure to make settlement.
MS Code § 91-7-309 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-309. Accounts may be opened and falsified in two years

 Any person interested may, at any time within two years after final settlement, by bill or petition, open the account of any executor, administrator, or guardian and surcharge and falsify the same, and not after, saving to minors and persons of unsound mind the same time after the removal of their disabilities. Such bills or petitions may be filed without leave of the court or chancellor, and evidence shall be admissible in such cases to show the falsity of the account. Such bills and petitions shall not be governed by the rules applicable to bills of review in chancery, but in such cases it will be the duty of the court to correct any errors of law or fact occurring in the final settlement of the executor, administrator, or guardian.
MS Code § 91-7-311 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-311. Bonds to be recorded; suits thereon

 All bonds required and given in the administration of estate, testate and intestate, and the bond or bonds of the county administrator shall be recorded in the office of the clerk of the chancery court of the county, in a book kept for that purpose, and may be put in suit by any person injured by a breach thereof, he being responsible for costs. Any such bond shall not be void upon the first recovery, but may be sued on from time to time until the whole penalty shall have been recovered. When the whole penalty shall be recovered, the chancery court shall apportion the recovery, according to the rights of parties.
MS Code § 91-7-313 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-313. Suit for devastavit

 Parties interested in an estate as legatees, distributees, or creditors may, either jointly or severally, institute proceedings upon the bond of the executor or administrator or guardian for a devastavit against the principal and his surety without first having instituted suit against the executor or administrator or guardian to establish a devastavit. When any executor, administrator or guardian is a nonresident of, or shall absent himself from, or conceal himself within this state so that personal service of summons or citation or attachment cannot be made upon him, and such nonresident, absent or concealed executor, administrator, or guardian shall fail to file his accounts and make his settlements as required by law, or shall have unlawfully removed any of the property committed to his trust, or shall have been guilty of any misappropriation or devastavit, it shall be the duty of the court, on the motion of the clerk as elsewhere provided in this chapter, or on the motion of any party in interest, to proceed against the surety or sureties on the bond of said executor, administrator, or guardian, in respect to all of which matters the said surety or sureties shall be taken and held as principal. In proceeding as aforementioned, the default of the said executor, administrator, or guardian in failing to file and settle his accounts as required by law shall be taken as prima facie evidence that the said defaulter has misappropriated the money or property, or both, which may be disclosed by the inventory, appraisement, or by any other of the official papers in the case, or which may be shown by competent evidence outside of said record, to have come into the possession of said defaulter.
MS Code § 91-7-315 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-315. New bond of executors and administrators may be required

 If the bond of an executor or an administrator, whether taken at the time of the grant of letters or afterwards, be insufficient, the court or chancellor or clerk may, on five days' notice to the executor or administrator, require him to give a new bond; and in default thereof the letters shall be revoked and administration de bonis non granted to some competent person. If such new bond be given, it shall be cumulative security and shall bind the obligors therein for past as well as future liabilities.
MS Code § 91-7-317 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-317. Relief of sureties and new bond

 A surety on any bond of an executor, administrator, county administrator, or any other administrator apprehending danger of loss because of his suretyship may petition the court, chancellor, or clerk to require the executor or administrator to give a new bond and that he may be discharged from further liability. The court, chancellor, or clerk, on five days' notice to the executor or administrator, shall grant such petition and require a new bond, within a reasonable time, to be prescribed. In case of refusal or failure to give such new bond, the executor or administrator shall be removed and administration de bonis non granted. The acts done by the executor or administrator, and all proceedings that may have been instituted against him, shall be treated and conducted by or against his successor, as in case of the death of an executor or administrator. If the executor or administrator shall give new bond as required, the original bond shall from that time cease to be operative in future, but not as to previous liabilities; and the effect of such new bond shall be to bind the obligors therein for past as well as future liabilities.
MS Code § 91-7-319 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-319. Executors may receive credit for costs of bond in surety company

 Any receiver, assignee, guardian, executor, administrator, or other fiduciary required by law or the order of any court or judge to give bond or other obligation, as such, may include, as a part of the lawful expense of executing this trust, and may receive credit for the sum paid to a guaranty or surety company, authorized under the laws of this state so to do, for becoming his surety on such bond, not to exceed the sum paid for such bond as determined by the rate on file with and approved by the Commissioner of Insurance for such company.
MS Code § 91-7-321 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-321. Custodian appointed for distributive share

 If any person entitled, under a decree of the chancery court, to a distributive share of an estate, or any other funds under the control of the court, shall not apply for it within six months after the decree of the court adjudicating his right thereto, a custodian of such share or interest may be appointed by the court, or the chancellor in vacation, without notice to any one. The court may make such order for the safekeeping or secure investment of the fund as may be proper.
MS Code § 91-7-323 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-323. Wages due deceased employee

 When any person, male or female, shall die leaving wages, salary or other compensation due him, it shall be lawful for the debtor to pay said wages, salary or other compensation to the wife or husband, as the case may be, of said deceased creditor if he or she leaves a wife or husband, as the case may be, surviving him or her; and if he or she shall leave no wife or husband surviving him or her, then to his or her children if adults; and if he or she shall leave no children and no wife or husband surviving him or her, then to his or her mother; and if he or she shall leave no wife or husband or children or mother surviving him or her, then to his or her father; and if he or she shall leave no wife or children or husband or mother or father surviving him or her, then to his or her brothers and sisters if adults. If such creditor shall have left no wife, husband, children, nor brothers nor sisters, nor father nor mother surviving him or her, or if any of his or her children surviving him or her shall be minors, or if any of his or her brothers or sisters surviving him or her, entitled to inherit, shall be minors, then it shall be lawful for said debtor to pay said wages, salary or other compensation to the chancery clerk of the county in which said creditor resided at the time of his or her death, or of the county where he or she died.
MS Code § 91-7-325 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-325. Suit to recover wages if not paid within sixty days

 After the sixty days referred to in Section 91-7-323 have passed, the parties hereinbefore designated as being the person to whom the wages so due the deceased creditor may be paid shall have the right, if they be adults, to maintain a suit to recover the amount due to the deceased creditor. When the party or parties entitled to receive said amount are minors, suit may be brought and maintained for them, by and in the name of the chancery clerk who is entitled to receive same.
MS Code § 91-7-327 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-327. Duty of chancery clerk when wages paid to him

 Where such wages are paid to the chancery clerk as provided in Sections 91-7-323 and 91-7-325, it shall be the duty of the chancery clerk to pay that portion of the wages of such employee which may belong to the adult children or brothers and sisters of such deceased employe, and to report to the next term of the chancery court who are the minor brothers or sisters or children of said employe and how much is coming to each one of the heirs of said employe. Thereupon the chancery court shall enter an order upon the minutes of the court, directing the payment by the chancery clerk of the shares of such minor children or brothers and sisters of such deceased employe. In any case where the employer shall pay such wages to the chancery clerk, he shall be discharged from all further liability. For receiving and disbursing the wages which may be paid to him, the clerk shall receive the commissions allowed to administrators and executors for collecting and distributing moneys belonging to the estate of a decedent.
MS Code § 91-7-329 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-329. Not to apply to estates administered upon

 Sections 91-7-323 through 91-7-327 shall not apply in cases where the estate of deceased creditor is administered upon.
MS Code § 91-7-331 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 7 - Executors and Administrators|§ 91-7-331. "Administrator" defined

 The word administrator in this chapter shall embrace a temporary administrator whenever the contrary is not clearly inferable from the context.
MS Code § 91-11-1 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-1. Citation of chapter

 This chapter may be cited as the Uniform Act for Simplification of Fiduciary Security Transfers.
MS Code § 91-11-3 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-3. Definitions

 In this chapter, unless the context otherwise requires:   "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust, or other instrument of transfer.   "Claim of beneficial interest" includes a claim of any interest by a decedent's legatee, distributee, heir, or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties.   "Corporation" means a private or public corporation, association, or trust issuing a security.   "Fiduciary" means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee.   "Person" includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.   "Security" includes any share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation.   "Transfer" means a change on the books of a corporation in the registered ownership of a security.   "Transfer agent" means a person employed or authorized by a corporation to transfer securities issued by the corporation.
MS Code § 91-11-5 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-5. Registration in name of fiduciary

 A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship. Thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.
MS Code § 91-11-7 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-7. Assignment by fiduciary

 Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:   may assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;   may assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and   is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
MS Code § 91-11-9 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-9. Evidence of appointment or incumbency

 A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:   In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within sixty (60) days before the transfer; or   In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this subsection (b) provided such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subsection (b) except to the extent that the contents relate directly to the appointment or incumbency.
MS Code § 91-11-11 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-11. Adverse claims

  A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner, and the issue of which the security is a part, provides an address for communications directed to the claimant, and is received before the transfer. Nothing in this chapter relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in subsection (2).   As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice, it shall withhold the transfer for thirty days after the mailing and shall then make the transfer unless restrained by a court order.
MS Code § 91-11-13 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-13. Non-liability of corporation and transfer agent

 A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this chapter.
MS Code § 91-11-15 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-15. Non-liability of third persons

  No person who participates in the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary, or that the transaction was otherwise in breach of duty.   If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this chapter incurs no liability.   This section does not impose any liability upon the corporation or its transfer agent.
MS Code § 91-11-17 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-17. Territorial application

  The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary, or in making a transfer of a security pursuant to an assignment by a fiduciary, are governed by the law of the jurisdiction under whose laws the corporation is organized.   This chapter applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary, and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction.
MS Code § 91-11-19 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-19. Tax obligations

 This chapter does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession, or other taxes imposed by the laws of this state.
MS Code § 91-11-21 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 11 - Fiduciary Security Transfers|§ 91-11-21. Uniformity of interpretation

 This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
MS Code § 91-13-1 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 13 - Fiduciary Investments|§ 91-13-1. Investment by fiduciaries of funds held in trust

 All trustees, guardians, and other fiduciaries in this state, unless prohibited by the will, deed, or trust instrument of the testator or other person establishing the trust, agency, or fiduciary relationship, or unless by any such instrument another mode of investment is prescribed, may, in addition to methods of investment now authorized by law, invest all funds held in trust or for investment as provided in this chapter.