2016 Mississippi Code
Title 91 - Trusts and Estates
Chapter 7 - Executors and Administrators
§ 91-7-215. Procedure for borrowing
With such petition the executor or administrator shall file and exhibit to the court a true account of the personal estate, debts due from the deceased, the expenses, and a description of the land to be used as security for the money so borrowed. The court, after service of summons or proof of publication of summons, shall hear and examine the allegations and evidence in support of the petition and the objections to and the evidence against it, if any. If on the hearing, the court be satisfied that the personal estate is insufficient to pay the debts of the deceased and said expenses, and that the land ought to be encumbered for such purposes, it may make a decree for the encumbrance of a part or the whole of the land; and when a part only is decreed to be so encumbered, the decree shall specify what part.
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