Mississippi Code

Miss. Code Ann. § 91-7-285 (2026)

Process for derelict fiduciary

✓ current as of July 2026

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Whenever it shall appear of record, or otherwise, that any executor, administrator, guardian, receiver, or fiduciary appointed by any chancery court is derelict in the performance of any duty required of him by law or the orders of the court or chancellor, or is liable to be punished or removed for any cause prescribed by law, then such court or the chancellor in vacation may, on the application of any interested party or of his or its own motion, order a citation for such executor, administrator, guardian, receiver, or other fiduciary, as the case may be, to be issued by the clerk of the court in which such cause or matter is pending, returnable forthwith or at such time and place, in term time or vacation, as may be specified in such order, to appear and show cause why he should not be removed or punished for contempt, either or both, as may be directed in such order. The citation shall be directed to the sheriff of the county of the residence of such fiduciary, if known to the clerk; otherwise, it shall be directed to the sheriff of the county where such matter or cause is pending, and shall be executed without advance payment of fees.

Codes, 1942, § 635; Laws, 1936, ch. 239.

Notes of Decisions

Cited in 4 cases, 1997–2017 · leading case: Constance Fitzmaurice v. Charles Vandevort, 237 So. 3d 852 (Miss. Ct. App. 2017).

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Constance Fitzmaurice v. Charles Vandevort, 237 So. 3d 852 (Miss. Ct. App. 2017). · cites it 3× “” Miss. Code Ann. § 91-7-285 (Rev. 2013). Whether someone qualifies as an “interested party” depends “on the type of fiduciary that has been appointed.”

Jackson v. Jackson, 732 So. 2d 916 (Miss. 1999). “Miss.Code Ann. §§ 91-7-285 and 93-13-23 provide that the conservator is entitled to notice and a hearing prior to his removal.”

Williams v. Murphey, 910 So. 2d 1234 (Miss. Ct. App. 2005). “1999); Miss.Code Ann. § 91-7-285 (Rev.2004). ¶ 32.”

C. E. Jackson, Sr. v. C. E. Jackson, Jr. (Miss. 1997). “Miss. Code Ann. §§ 91-7-285 and 93-13-23 provide that the conservator is entitled to notice and a hearing prior to his removal.”

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