MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Browning

AN ACT TO AMEND SECTION 11-51-99, MISSISSIPPI CODE OF 1972, TO REVISE THE SUPERSEDEAS ON APPEAL FOR REMOVAL OR REPLACEMENT OF CERTAIN FIDUCIARIES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-51-99, Mississippi Code of 1972, is amended as follows:

11-51-99. Within the discretion of the trial court, executors, administrators, and guardians, except those who have not given bonds as such, may appeal from any judgment, decree, or order affecting them in their fiduciary character, and may have a supersedeas on such appeal, without bonds for supersedeas; but they shall pay the costs of the lower court including the supreme court filing fee. Removal or replacement of executors, administrators and guardians may not be stayed pending appeal.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.