Currie v. Bennett
| Decision Date | 10 April 1916 |
| Citation | 71 So. 324,111 Miss. 228 |
| Court | Mississippi Supreme Court |
| Parties | CURRIE v. BENNETT |
March 1916
APPEAL from the chancery court of Harrison county, HON. J. M STEVENS, Judge.
Suit by Annette Currie against J. F. Bennett, administrator. From a judgment for plaintiff, defendant appeals.
The facts are fully stated in the opinion of the court.
Overruled.
T. M Evans and L. Brame, for appellant.
U. B. Parker and Bowers & Bowers, for appellee.
Appellant who is the widow of B. D. Currie, deceased, filed a bill in the court below seeking to recover from appellee, the administrator of his estate, the sum of one thousand, four hundred and twenty-three dollars and fifty cents, alleged to be due her by this estate. Appellee filed an answer and cross-bill denying appellant's right to recover this money, and praying that she be held to account to him for the sum of nine hundred and fifty dollars found on the body of B. D. Currie after his death, and appropriated by her, and also for certain money alleged to have been received by her and which belonged to the estate of her deceased husband. Numerous amendments were made in the pleadings by both parties, but the issue was substantially as stated. An objection had been filed by appellant in the administration proceedings to the confirmation of the report of the appraisers, the objection being that no allowance for the year's support for herself and children had been set apart. These two cases were consolidated and tried as one. A decree adjudicated each of these controversies separately, awarding to appellant: First, the one thousand four hundred and twenty-three dollars and twenty cents claimed by the estate of her deceased husband, together with interest thereon amounting to three hundred and eighteen dollars and seventy-five cents, making a total of one thousand seven hundred and forty-one dollars and seventy-five cents; second, the sum of seven hundred and forty-eight dollars as a year's support for herself and children; third, that she retain the nine hundred and fifty dollars found on the body of her deceased husband after his death, she having established her right thereto; and, fourth, directing that she account to appellant for the sum of one thousand two hundred and twenty-eight dollars and ninety-six cents collected by her and adjudged to be the property of appellee's intestate--the total amount thus adjudged to be...
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