Beckett v. Howorth, 41247
| Decision Date | 19 October 1959 |
| Docket Number | No. 41247,41247 |
| Citation | 237 Miss. 394,115 So.2d 48 |
| Parties | Mrs. Beatrice Angela BECKETT, Individually and as Executrix of the Estate of R. Capel Beckett, Deceased, v. Mrs. Willie B. HOWORTH et al. |
| Court | Mississippi Supreme Court |
M. M. Roberts, Hattiesburg, for appellant.
White & White, Gulfport, for appellees.
The appellant filed a bill of review in the Chancery Court of Harrison County on April 11, 1958, seeking to have the Court review and correct in certain particulars a decree of said court theretofore rendered on December 18, 1957, in the matter of the estate of R. Capel Beckett, deceased. The change in the decree rendered on December 18, 1957 was sought upon the grounds that there was error apparent on the face of the proceedings. The appellees were named as defendants to the bill. The decree complained of was rendered on the hearing of the first and final account as amended, filed by Mrs. Beatrice Angela Beckett as executrix of the estate of the deceased. The appellees filed a general demurrer to the bill, which was sustained, and the appellant declining to plead further, the bill of review was dismissed and the appellant appeals.
R. Capel Beckett, a resident of Harrison County, died on January 15, 1954. He left a last will and testament which was duly admitted to probate on March 22, 1954. He named as joint executors and joint trustees under the will his wife, Beatrice Angela Beckett, and the First National Bank of Chicago. The will provided that in the event of the death, resignation, or refusal to act of either of the named executor and trustee, and other was empowered to act as the sole executor and trustee. The First National Bank of Chicago refused to act and filed in the cause its renunciation of its appointment, and Mrs. Beatrice Angela Beckett qualified as the sole executrix and trustee. In the due administration of the estate, appraisers were appointed and in the performance of their duties, they set aside to the widow $4,800 as one year's support.
The will created a trust for the benefit of the widow, to be known as the Beatrice Angela Beckett Trust, and devised and bequeathed to the trustee for the benefit of the widow property equivalent to one-half the value of the decedent's gross estate as determined for Federal Estate Tax purposes, less the amount allowed as a marital deduction in his estate, and provided other benefits for the widow.
The will also created a residuary trust for the benefit of named beneficiaries, the details of which are not material on the issues here presented.
It is contended by the appellant that there is error apparent on the fact of the proceedings in that the decree complained of erroneously (1) reduced the widow's allowance from $4,800 as fixed by the appraisers to $3,000; (2) included in the adjusted gross estate of the decedent life insurance payable to the widow in the sum of $22,105.12; (3) allowed an attorney's fee in the sum of $1,500 to the attorney for the beneficiaries of the residuary trust, and (4) required of Mrs. Beatrice Angela Beckett as trustee a bond in the sum of $15,000. We are unable to agree that the decree complained of is erroneous in any of the aforesaid particulars as appellant contends. The fixation of the amount of the widow's allowance as made by the appraisers was not final, but was subject to the approval or disapproval of the chancellor. This has been definitely settled by the prior decisions of this Court. In the case of Prentiss v. Turner, 170 Miss. 496, 155 So. 214, 216, the Court said:
The court further referred to Section 159 of the Constitution which confers on the chancery court full jurisdiction of matters testamentary and of administration and said that the making of the year's allowance is part of the jurisdiction of the court, and that such jurisdiction could not be taken away nor impaired by the legislature. We think, therefore, that in fixing the amount of the widow's allowance at $3,000, the court was acting within its jurisdiction and authority.
It is further complained that in the decree there was included in the adjusted gross estate of the decedent...
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Rives v. Franklin Life Ins. Co., 85-4778
...based on alleged errors in legal judgment. See Fondren v. Bank of Franklin, 187 So.2d 304, 306 (Miss.1966); Beckett v. Howarth, 237 Miss. 394, 115 So.2d 48, 51 (1959). Rather, a Mississippi chancery decree is subject to collateral attack only if void. See generally Jones v. Goolsby, 218 Mis......
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Watson v. Comm'r of Internal Revenue (In re Estate of Watson), Docket No. 31911-85.
...the widow's allowance is not final, but is advisory only, and the chancellor may increase or decrease the amount. Beckett v. Howarth, 237 Miss. 394, 115 So.2d 48 (1959); Moselet v. Harper, 202 Miss. 442, 32 So.2d 192 (1947); Prentiss v. Turner, 170 Miss. 496, 155 So. 214 (1934). If the wido......
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Mills v. Mills, 47072
...for the widow and minor children of the decedent are in lieu of the one year's support provided for by the statute. Beckett v. Howorth, 237 Miss. 394, 115 So.2d 48 (1959); Harwell v. Woody, 206 Miss. 863, 41 So.2d 35 (1949); Westbrook v. Shotts, 200 Miss. 456, 27 So.2d 683 (1946); Gilmer v.......
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Fondren v. Bank of Franklin, 44024
...from the exercise of the chancellor's legal judgment may be availed of by appeal and not by a bill of review. Beckett v. Howorth, 237 Miss. 394, 115 So.2d 48 (1959); Taylor v. Grissom, 231 Miss. 451, 95 So.2d 540 (1957); Dollar v. Bd. of Education, Simpson County, 227 Miss. 432, 86 So.2d 48......