91-7-39 - Administration with will annexed. - Mississippi Statutes

§ 91-7-39. Administration with will annexed.
 

If there be no executor named in any last will and testament, or if the executors named all renounce the executorship or, being required to qualify, shall all refuse or fail to do so or shall refuse or wilfully neglect, for the space of forty days after the death of the testator, to exhibit the will and testament for probate or shall all be disqualified, then administration with the will annexed shall be granted to the person who would be entitled to administer according to the rule prescribed for granting administration. Before granting such administration, each executor named in the will and testament who has not renounced the executorship shall be summoned to show cause why administration should not be granted. If any executor named be absent from the state at the time of the probate of the will and administration should be granted during his absence, such executor shall be allowed forty days after his return to make application for letters testamentary and, on his qualifying, the letters of administration shall be revoked; and the administrator shall deliver all the estate which has come to his hands to the executor and settle the account of his administration. 
 

Sources: Codes, Hutchinson's 1848, ch. 49, art. 1 (31); 1857, ch. 60, art. 52; 1871, § 1108; 1880, § 1980; 1892, § 1833; 1906, § 2008; Hemingway's 1917, § 1673; 1930, § 1617; 1942, § 513.