91-7-47 - Rights and duties of executor or administrator with will annexed.
§ 91-7-47. Rights and duties of executor or administrator with will annexed.
(1) Every executor or administrator with the will annexed, who has qualified, shall have the right to the possession of all the personal estate of the deceased, unless otherwise directed in the will; and he shall take all proper steps to acquire possession of any part thereof that may be withheld from him, and shall manage the same for the best interest of those concerned, consistently with the will, and according to law. He shall have the proper appraisements made, return true and complete inventories except as otherwise provided by law, shall collect all debts due the estate as speedily as may be, pay all debts that may be due from it which are properly probated and registered, so far as the means in his hands will allow, shall settle his accounts as often as the law may require, pay all the legacies and bequests as far as the estate may be sufficient, and shall well and truly execute the will if the law permit. He shall also have a right to the possession of the real estate so far as may be necessary to execute the will, and may have proper remedy therefor.
(2) In addition to the rights and duties contained in this section, he shall also have those rights, powers and remedies as set forth in Section 91-9-9.
Sources: Codes, Hutchinson's 1848, ch. 49, art. 1 (32); 1857, ch. 60, art. 55; 1871, § 1111; 1880, § 1983; 1892, § 1837; 1906, § 2012; Hemingway's 1917, § 1677; 1930, § 1621; 1942, § 517; Laws, 1994, ch. 589, § 3; Laws, 1999, ch. 374, § 1; Laws, 2002, ch. 612 , § 1; Laws, 2008, ch. 452, § 1, eff from and after passage (approved Apr. 8, 2008.)