Public-domain · open source
OpenJurist

15 Miss. 53

Gaines v. Smiley

Mississippi Supreme Court

Decided January 15, 1846

Mississippi Supreme Court · decided 1846-01-15

Robert H. Buckner, chancellor. Richard M. Gaines and Augustus E. Addison, administrators of Samuel Hunter, exhibited their bill of complaint in the superior court of chancery, stating that Samuel Hunter removed from Ireland into this state in 1824, obtained letters of naturalization, and married Susannah, the daughter of John and Susannah Bisland, who then resided in Adams county in this state; that Mrs. Hunter died in 1825, leaving only one child, Catharine Ann, the issue…

Decided 1846-01-15

Mr. Justice Clayton

¶1delivered the opinion'of the court.

¶2After distribution of the estate of a decedent, under an order of the probate court, this bill was filed by the appellants in the superior court of chancery against one of the distributees, to recover from him a ratable proportion of the estate, to which they alleged their intestate was entitled, and whose claims had been overlooked or disregarded in the distribution. To this bill a demurrer was filed, which was sustained by the court, and the bill dismissed. *

¶3According to the well-understood powers of the probate court, under repeated decisions of this court, it has exclusive jurisdiction over the distribution of the estates of intestates. If in this instance error was committed to the prejudice of the *57appellants, their remedy was not by original bill in chancery against one or more of the distributees.

¶4The decree of the court below was correct, and must be affirmed.

/15/miss/53 · .json · Public domain