(Download) "Prescott v. Prescott" by Mississippi Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Prescott v. Prescott
- Author : Mississippi Court of Appeals
- Release Date : January 23, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Executors and Administrators — Probate Courts — Jurisdiction — Specific Performance of Contract of Decedent to Convey Real Property — Statutes of Non-claim — Validity of Statutes — When Courts will not Pass upon — Judicial Discretion. Executors and Administrators — Statutes of Non-claim — To What Claims Applicable Only. 1. Statutes of non-claim deal with such debts and demands against a decedent as might have been enforced against him by personal action for the recovery of a money judgment; hence do not apply to a right of action for the specific performance of a contract to convey real property; the owner of such a right of action is not a creditor of the estate and is not required to present a claim to the executor or administrator within the time prescribed by section 10273, Revised Codes 1921. Page 160 Same — Probate Courts — Specific Performance of Contract of Decedent — Jurisdiction — Power of Legislature to Enact Statute. 2. Quaere: Since the power to enforce specific performance of a contract is vested solely in courts of equity, did the legislative assembly have power to confer upon the district court, sitting in probate, authority to enforce written contracts for the conveyance of real estate under which decedents bound themselves in their lifetime to make conveyance, as it has done by sections 10268 et seq., Revised Codes 1921? Appeal — Validity of Statutes — When Supreme Court will not Pass upon. 3. The supreme court may determine the validity of a statute only when such determination is necessary to a decision in the particular case before it. Probate Courts — Jurisdiction Limited — Compelling Specific Performance of Contract of Decedent to Convey Realty — Discretion. 4. The district court sitting in probate has but a special and limited jurisdiction, with such powers as are expressly granted by statute or necessarily implied to give effect to those expressly granted; and if such court has jurisdiction to compel the specific performance of a contract of a decedent to convey real property, it may act only in a case falling squarely within the provisions of section 10268 et seq., Revised Codes 1921, i.e., where the contract is in writing, and the right of the petitioner is placed beyond doubt by the proof, within its sound legal discretion. Courts — Discretion not to be Interfered With on Appeal Unless Abuse Shown. 5. Judicial discretion in the district court is not to be interfered with on appeal unless it clearly appears that that discretion has been abused, the burden resting upon the party charging abuse to make it clearly appear to the supreme court. Probate Courts — Dismissal of Petition to Compel Administrator to Perform Specifically Contract of Intestate to Convey Realty Held not Abuse of Discretion. 6. Where the allegations of a petition filed in the probate court in an estate matter pending therein, seeking specific performance of a contract to convey real property made by defendant administrators intestate prior to his death, and the proof adduced showed a departure from the letter of the agreement in a number of particulars, i.e., nonperformance by petitioner of conditions imposed upon him by the written agreement to convey, the court may not be held to have abused its discretion in dismissing the petition under section 10273, Revised Codes 1921, on the ground that petitioners right to the relief asked was doubtful. Page 161
 "Prescott v. Prescott" by Mississippi Court of Appeals # Book PDF Kindle ePub Free){kind=link}