MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Tollison, Chamberlin

AN ACT TO AMEND SECTION 91-7-41, MISSISSIPPI CODE OF 1972, TO REVISE THE EXECUTION OF THE REQUIRED OATH BY AN EXECUTOR SO THAT THE EXECUTION THEREOF MAY PRECEDE IN TIME THE SIGNING OF THE ORDER BY THE JUDGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 91-7-41, Mississippi Code of 1972, is amended as follows:

91-7-41. Every executor or administrator with the will annexed, at or prior to the time of obtaining letters testamentary or of administration, shall take and subscribe the following oath, viz.:

"I do swear that the writing exhibited by me is the true last will and testament of ____, as far as I know and believe, and that I, if and when appointed as executor, will as executor well and truly execute the same according to its tenor, and discharge the duties required by law."

He will also give bond in such penalty as will be equal to the full value of the estate, and with such sureties as may be approved of by the court or by the clerk, payable to the state, with the following conditions, viz.:

"The condition of this bond is, that if the above bound ____, as executor of the last will and testament of ____, shall well and truly execute the will as far as the same may be consistent with law, and faithfully discharge all the duties required of him by law, then this obligation shall be void." If the obligor be administrator with the will annexed, then say "the above bound ____, as administrator with the will of ____ annexed, will," etc.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.