McDonald v. McDonald
Mississippi Supreme Court
McDonald v. McDonald, 68 Miss. 689 (Miss. 1891)
Campbell
McDonald v. McDonald
Opinion of the Court
delivered the opinion of the court.
The motion to dismiss the appeal is denied, for the decree was a final one as to the matters embraced, and enforceable by final process.
The appellant was a competent witness to testify to what occurred after the death of his intestate. The last clause of § 1602 of the code was for the purpose of meeting Haralson v. White, 38 Miss. 178, and has the effect to render competent as a witness any person as to anything subsequent to the death of the decedent.
Reversed and remanded.
Reference
- Full Case Name
- W. E. McDonald v. E. J. McDonald
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Appeal. Account of Administrator. Final decree. ■ A decree on the final account of an administrator, which, allows some items and disallows others, and awards the payment of certain sums in partial distribution, is final and may be appealed from without leave, although it continues the final account. 2. Witness. Estate of deceased. Code 1880, § 1602. Under § 1602, code 1880, on settlement of accounts, an administrator is competent to testify in his own behalf as to what occurred after the death of the intestate. Haralson y. White, 38 Miss. 178, explained.