When the estate of any deceased person consists of real and personal property and it shall be necessary to sell a portion thereof, the chancery court, on petition of the executor, administrator, legatees or distributees, being satisfied that it would be to the interest of the distributees or legatees, may decree a sale of the real estate in preference to the personal estate.
Miss. Code Ann. § 91-7-187
Sale of land in preference to personalty
Applied in 3 court decisions — leading case 631 So. 2d 127 - Matter of Estate of Hollaway (1993)
Most recently applied in 766 So. 2d 48 - In the Matter of McRight (July 2000)
Codes, Hutchinson’s 1848, ch. 49, art. 8 (2); 1857, ch. 60, art. 93; 1871, § 1153; 1880, § 2042; 1892, § 1900; 1906, § 2075; Hemingway’s 1917, § 1742; 1930, § 1689; 1942, § 586.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.