Mississippi Code
Miss. Code Ann. § 15-1-53 (2026)
Effect of running of statute of limitations against executor, administrator, guardian, or other trustee, as against beneficiary
✓ current as of July 2026
When the legal title to property or a right in action is in an executor, administrator, guardian, or other trustee, the time during which any statute of limitations runs against such trustee shall be computed against the person beneficially interested in such property or right in action, although such person may be under disability and within the saving of any statute of limitations; and may be availed of in any suit or actions by such person.
Codes, 1880, § 2694; 1892, § 2761; 1906, § 3123; Hemingway's 1917, § 2487; 1930, § 2297; 1942, § 727.
Notes of Decisions
Cited in 10
cases, 1985–2018 · leading case: USF&G CO. v. Conservatorship of Melson, 809 So. 2d 647 (Miss. 2002).
USF&G CO. v. Conservatorship of Melson, 809 So. 2d 647 (Miss. 2002). “USF & G cites Miss.Code Ann. § 15-1-53 (1995) in support of its argument.”
Pioneer Cmty. Hosp. of Newton v. Tyteanna D. Roberts, 214 So. 3d 259 (Miss. 2017). ““[U]nder Miss. Code Ann. § 15-1-53 , if a person who is subject to infancy or unsoundness of mind does in fact have a guardian or conservator appointed for them, then the action may be brought in the name of that guardian or conservator, without the consideration of any savings…”
McCain v. Memphis Hardwood Flooring Co., 725 So. 2d 788 (Miss. 1998). “Miss.Code Ann. § 15-1-53 (1995). Joseph's disability does not toll the statute of limitations.”
Graham Read Irby v. Sudhakar Madakasira, M.D., 252 So. 3d 614 (Miss. Ct. App. 2017). “Section 15-1-53 states: When the legal title to property or a right in action is in an executor, administrator, guardian, or other trustee, the time during which any statute of limitations runs against such trustee shall be computed against the person beneficially interested in…”
Wilson v. Wilson, 464 So. 2d 496 (Miss. 1985). “The general rule embodied in Mississippi Code Annotated § 15-1-53 (1972), is that: When the legal title to .”
Lewis v. Smith, 110 So. 3d 811 (Miss. Ct. App. 2013). “The Mississippi Supreme Court in Weir found that section 15-1-53 only applies “where the legal title to property or the right of action, at law or in equity[,] is in the guardian, and not the infants.”
Graham Read Irby v. Sudhakar Madakasira, M.D. (Miss. Ct. App. 2018). “Section 15-1-53 states: When the legal title to property or a right in action is in an executor, administrator, guardian, or other trustee, the time during which any statute of limitations runs against such trustee shall be computed against the person beneficially interested in…”
United States Fid. & Guar. Co. v. Iris Althea Melson (Miss. 1999). “USF&G cites Miss. Code Ann. § 15-1-53 (1995) in support of its argument.”
William A. McCain v. Memphis Hardwood Flooring Co. (Miss. 1995). “Miss. Code Ann. § 15-1-53 (1995). Joseph's disability does not toll the statute of limitations.”
Talbert v. Henderson, 688 F. Supp. 250 (S.D. Miss. 1987). “legal title to property or a right in action is in an executor, administrator, guardian or other trustee, the time during which any statute of limitations runs against such trustee shall be computed against the person beneficially interested in such property or right in action,…”
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