Mississippi Code
Miss. Code Ann. § 91-7-249 (2026)
Executor in his own wrong
✓ current as of July 2026
If any person shall alienate or embezzle any of the goods, chattels, personal property, or money of a person deceased, before taking out letters testamentary or of administration, such person shall be liable to the action of creditors and other persons aggrieved, as being executor in his own wrong.
Codes, Hutchinson's 1848, ch. 49, art. 1 (121); 1857, ch. 60, art. 127; 1871, § 1185; 1880, § 2087; 1892, § 1926; 1906, § 2100; Hemingway's 1917, § 1768; 1930, § 1720; 1942, § 617.
Notes of Decisions
Cited in 5
cases, 1996–2011 · leading case: Est. of Mclemore v. Mclemore, 63 So. 3d 468 (Miss. 2011).
Est. of Mclemore v. Mclemore, 63 So. 3d 468 (Miss. 2011). “See Miss.Code Ann. § 91-7-249 (Rev.2004). However, prior to this appeal, Gerald has never denied that the funds Dennis received were loans to be repaid.”
Matter of Est. of Johnson, 705 So. 2d 819 (Miss. 1997). “Nevertheless, I do find marginally defensible, particularly in light of our related precedent, that aspect of the Court's decision that may be read to hold that a showing that the petitioners acted as executrices de son tort (or "executrices in their own wrong" as defined in…”
Greenville Lumber Co. v. Hammett, 889 So. 2d 502 (Miss. 2004). “The circuit court agreed with Annette and dismissed the case.”
Johnson v. Harris, 705 So. 2d 819 (Miss. 1996). “Nevertheless, I do find marginally defensible, particularly in light of our related precedent, that aspect of the Court’s decision that may be read to hold that a showing that the petitioners acted as executrices de son tort (or “executrices in their own wrong” as defined in…”
Gerald D. McLemore v. Dennis Marshall McLemore (Miss. 2007). “See Miss. Code Ann. § 91-7-249 (Rev. 2004). However, prior to this appeal, Gerald has never denied that the funds Dennis received were loans to be repaid.”
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