91-7-247 - Actions which accrue between administrators.
§ 91-7-247. Actions which accrue between administrators.
When there are two 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 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 or imprison him not exceeding three 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.
Sources: Codes, Hutchinson's 1848, ch. 49, art. 1 (110); 1857, ch. 60, art. 120; 1871, § 1177; 1880, § 2082; 1892, § 1921; 1906, § 2096; Hemingway's 1917, § 1763; 1930, § 1719; 1942, § 616.