CLARKE COUNTY’S OLD COURT HOUSE
June 28, 2010 § 3 Comments
I ran across these two old post cards depicting the Clarke County Court House that preceded today’s building. You can click on the pictures to see a larger version with more detail. My guess is that the pictures were taken in the 1890’s to early 1900’s, judging from the buggies parked around the building. The current court house does not have a cornerstone that I could find in a very brief saunter around the outside last week, but it does have the names of the Board of Supervisors 1912-1916, which would indicate to me that the building was built during their term. 
I showed these to Gilford Dabbs, and he told me that he had heard that the old court house was located on what is now a vacant lot next to First Baptist Church in Quitman. By the way, Gilford is old, but he’s not old enough to remember this old building himself.
Does anyone know why this court house was replaced? Was there a fire like there had been in Meridian that precipitated the building of the new version? Does anyone have any other pics of it, inside or out? Does anyone know what happened to the eagle?
That object dangling in front of the building in the bottom picture is a street light suspended on wires.
These photos, along with around 4,600 others showing scenes from all around Mississippi during the period from 1892 to the 1940’s, are available at the Mississippi Department of Archives and History’s website here.
WAIVING ACCOUNTING IN ESTATES
June 28, 2010 § 2 Comments
[This information comes from the outline of a presentation made by Bob Williford to the Chancery Judges Spring Conference earlier this year. Used with his permission.]
Intestate Estates:
- An Administrator is required to file an annual account and a final account. §§ 91-7-277 and 291, MCA.
- Although the statute does not provide an exception to the filing of a final account, a final accounting may be waived “on good cause shown.” § 91-7-291, MCA.
- The Administrator may be relieved of the duty of accounting by waiver of all parties interested in the estate of their right to an accounting. 34 C.J.S. Executors and Administrators, § 834.
- If all of the heirs of the estate join in a request to waive annual account, the court would seem to have discretion to do so, but the court does have statutory authority to waive the final account.
Testate Estates:
- An Executor is required to file annual accounts and a final account. §§ 91-7-277 and 291, MCA.
- case law, however, recognizes that a testator may waive the requirement of both annual and final accounts. Harper v. Harper, 491 So.2d 189 (Miss. 1986); Will of McCaffrey v. Fortenberry, 592 So.2d 52 (Miss. 1991); Matter of Holt v. Scott, 806 So.2d 296 (Miss. App. 2001). BUT consider the following case: Where accounting was waived in the Will, it was held that administration of the esatte was removed from jurisdiction of the court. Bryan v. Bryan, 167 So.2d 56 (Miss. 1936).
- It is customary to waive accounting even if the Will does not expressly so provde, assuming all of the residuary beneficiaries join in the rtequest.
- The court may require an account even if waived in the Will. In re Estate of Carter, 912 So.2d 138 (Miss. 2005).
FINDING WHAT YOU’RE LOOKING FOR
June 27, 2010 § Leave a comment
You don’t have to scroll back through all the posts to find the one you’re looking for. Click on the “Topics of Conversation” button below on the right and a list of subjects will drop down. For example, to find that post that sets out what you need to include in a child support provision in a PSA, click on child support and it should appear in a list of other posts on the same subject.
NEW LEGISLATION THAT MAY AFFECT YOUR CHANCERY PRACTICE
June 25, 2010 § 6 Comments
A number of bills passed in the 2010 Regular Session of the Legislature that you may find will have some effect on your practice in Chancery Court. Below is a bulleted list with a brief description of the pertinent portions of each bill. You can read the full text of the bills here. Thanks to Steve Horne, Representative in District 81 for providing me with the summaries. I will provide more detailed summaries of some of the bills in later posts.
All laws are effective July 1, 2010, unless noted otherwise.
- HB 277. Statutory method for renewing a judgment.
- HB 704. DHS may obtain income tax and sales tax information without a subpoena for individuals who are delinquent in child support payments.
- HB 886. Prohibits a deed restriction or other covenant running with the land that requires a transferee or his heirs, successors or assigns to pay a property transfer fee, and any such provision is void and unenforceable. The prohibition does not apply to certain property owners’ associations.
- HB 1400. Increases from $10,000 to $20,000 the amount of money or value of property that may be transferred to a ward without a guardianship, in the discretion of the Chancellor.
- SB 2413. Amends § 93-5-34, MCA, to clarify custody and visitation procedures when a parent receives military orders for temporary duty, deployment or mobilization.
- SB 2929. Youth Court has exclusive jurisdiction over delinquent acts committed by a child until the child’s 18th birthday. Circuit Court may assume jurisdiction when transferred to it from Youth Court.
- SB 2800. Remedies of lien laws available to suppliers and construction contractors are made available on the same basis to rental and lease equipment suppliers.
- HB 1479, effective July 1, 2011. The name of Oakley Training School is changed to Oakley Youth Development Center.
- HB 1049 and 1525. Makes many changes in the mental commitment law. The changes are too numerous to list here, and they will be detailed in a subsequent post.
MISSION ACCOMPLISHED
June 24, 2010 § Leave a comment
Leanne and Shirley enjoying their feast
Marvin, Shirley, Peggy and Leanne know a good thing when they see it
Ellen is ready for seconds
WHAT’S COOKING IN COURT
June 24, 2010 § 3 Comments
Once a month the Clarke County Chancery Clerk’s office puts on a feed that is beyond rational. There are finger foods, chips, dips, salads, sanwiches, desserts in quantities that could feed Paraguay for a week. The Chancellor who is there at the time gets the benefit of the largesse.
This month the feed is scheduled for June 24, and Shirley and I will be there! I volunteered to bring a Boston butt, and it’s cooking on my Orion Cooker as I write this.
It was Henry Palmer (Head Chef Emeritus of the Lauderdale County Bar) who introduced me to the Orion. Henry is not one for contraptions for the sake of contraptions, so I was impressed at how he extolled the cooker in extravagant terms. I paid the tariff to purchase my very own, and have been so satisfied that I have one at my home in Meridian and one at my place in Oxford. I would have three, but I’ve run out of additional locations. I have been so pleased with my Orions that I have talked no less than a dozen others into buying one. I deserve some sort of commission from the company.
My Orion-cooked baby back ribs, butts, chicken, turkey and wings have gotten raves at tailgates, family get-togethers, and cookouts. The bthing is fast: 3 racks of ribs in 1 hr 15 mins; boston butt in 3 hrs 30 minutes; turkey, 7 mins per pound. Since it’s a completely closed system, the meat stays moist and tender. You light it and leave it. No fiddling with it. I haven’t cooked salmon or brisket, but those are definitely in my Orion future.
Henry has cooked combinations of meats at the same time on the different rack levels, experimenting with the upper meats basting the lower ones with their juices, and he assures me that the results have been excellent.
The Orion is not a traditional smoker or grilling cooker. It’s more of a convection cooker. For sheer flavor and tenderness, you can’t top it.
To prepare the butt to cook tonight, I rubbed it generously with white vinegar and then rubbed in my favorite seasoning. The butt sat in the refrigerator all day enjoying the vinegar and seasoning bath. Then, around 4:45, I put the butt on the bottom rack in the Orion, dropped in some hickory chips, and put on the cover.
Looks ghastly in the photo, but it'll end up delicious
Fill the lower and upper rings with ready-light charcoal, and VOILA. Come back in 3 and 1/2 hours and it will be done.
Tomorrow we’ll have some pics of some happy eaters.
Orion loaded with butt, coaled up and ready for ignition
Starting to cook. Leave it alone for 3 1/2 hours
Cooked and ready to pull after 3/2 hours
Pulled pork ready for Quitman
RECEPTION
June 23, 2010 § Leave a comment
Around 120 people gathered Tuesday afternoon to honor Judge J. Max Kilpatrick, who retires from his seat in District Six (Attala, Carroll, Choctaw, Kemper, Neshoba and Winston).
Enjoying the company and refreshments in the beautifully-refurnished Neshoba County Court House.
Among the crowd were elected officials from throughout the district, lawyers, court house personnel and judges.
Judges included Mississippi Supreme Court Chief Justice William Waller, Circuit Judges Clarence Morgan of Kosciusko and Vernon Cotten of Carthage, and Chancellors Ed Fenwick of Kosciusko, Ed Patten of Hazelhurst, and I, as well as incoming Chancery Judge Joey Kilgore.
(L to R) Incoming Judge Kilgore, Judge Kilpatrick and Judge Patten
Choctaw Attorney General Don Kilgore and Chief Justice Waller
AMAZING GRACE
June 22, 2010 § Leave a comment
Lauderdale County Deputy Clerk Cerlenza Grace is STAR OF THE WEEK in Monday’s MERIDIAN STAR. You can read all about it here. 
Congratulations, Cerlenza.
BONDS IN ESTATES
June 22, 2010 § 2 Comments
[This information comes from the outline of a presentation made by Bob Williford to the Chancery Judges Spring Conference earlier this year. Used with his permission.]
Intestate Estates:
- the Administrator is required to give a bond equal to the value of all of the personal estate. § 91-7-67, MCA.
- Bond may be waived or reduced if (1) Administrator is the sole heir, or (2) all of the heirs are competent and agree in their sworn petition to waive or reduce bond, BUT
- The court may nonetheless require a bond to protect the creditors if the court deems it necessary to protect their interests. Smith by and through Young v. Estate of King, 501 So.2d 1120 (Miss. 1987).
- At any time that the court deems the bond inadequate, the court may require the Administrator to give a new bond. § 91-7-315, MCA.
Testate Estates:
- The Executor is required to give bond in an amount equal to the full value of the estate. § 91-7-41, MCA.
- Executor who is also a residuary legatee may give bond conditioned to pay all debts and legacies of the testator within one year. § 91-7-43, MCA.
- If the testator in the will directs that the Executor not be required to give bond, then none is required unless the court or the clerk has a reason to require a bond. § 91-7-45, MCA.
- Any creditor may petition the court to require the Executor to give a bond if the creditor believes that his or her claim is jeopardized due to bad management of the estate. § 91-7-45, MCA.
- State or national banks domiciled in Mississippi are not required to give bond unless directed by the Will. The court has discretion to waive the bond notwithstanding that the Will directs it. § 81-5-35, MCA.
RECEPTION FOR JUDGE KILPATRICK
June 21, 2010 § Leave a comment
There will be a reception honoring Chancellor J. Max Kilpatrick Tuesday, June 22, 2010, at the Neshoba County Court House from 4 pm to 6 pm. Judge Kilpatrick is retiring from the bench effective June 30.
Kilpatrick was appointed by Governor Barbour to replace Chancellor John Clark Love of Kosciusko, who retired in 2005. Kilpatrick was unopposed for the seat in 2006, and he will have served three and a half years of the four-year term to which he was elected.
We wish “Max” much success and hapiness in his return to politics and the prectice of law.
