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.
Miss. Code Ann. § 91-7-309
Accounts may be opened and falsified in two years
Applied in 3 court decisions — leading case McClendon v. Hudson (2007)
Most recently applied in Constance Fitzmaurice v. Charles Vandevort (August 2017)
Codes, 1880, § 2075; 1892, § 1960; 1906, § 2136; Hemingway’s 1917, § 1804; 1930, § 1744; 1942, § 646; Laws, 1894, ch. 53.
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.