Spiva v. Coleman
Mississippi Supreme Court
Appeal from Chancery Court, Choctaw County; Hon. A. Y. Woodward', Chancellor. Suit by Jack G-. Coleman and others against Marshall Spiva and others. A dem|urrer to the bill was overruled, and defendants appeal. Appellee recites andl relies upon the case of Selig v. Trost, 110 Miss. 384. He states that our efforts have been aimed at this case but have not mentioned it.
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Appeal from Chancery Court, Choctaw County; Hon. A. Y. Woodward', Chancellor. Suit by Jack G-. Coleman and others against Marshall Spiva and others. A dem|urrer to the bill was overruled, and defendants appeal. Appellee recites andl relies upon the case of Selig v. Trost, 110 Miss. 384. He states that our efforts have been aimed at this case but have not mentioned it. We have cited the cases of this court on the identical question and these cases lead to a conclusion contrary to that reached in the Selig Case. We are frank to admit the similarity between the wills in the case at bar and the…
1Opinion of the CourtSykes, J.
The appellees complainants in the. chancery court, in their bill filed after the death of Mrs. Priscilla Coleman claimed certain property as devisees under the will of Henry Coleman, deceased. Mrs. Priscilla Coleman had attempted! to devise this property to appellants (defendants in the lower court). A demurrer was interposed to the bill which was overruled by the court. From which decree an appeal was granted to this court.
The question here presented is a construction of articles 2 and 3 of the will of Henry Coleman. Article 2 and *150that part of article 3 to be construed read as follows:
“Art.…
2Cases cited1 opinion
- Selig v. TrostMississippi Supreme Court · 1915
3Cited by7 opinions
- Cross v. O'CavanaghMississippi Supreme Court · 1945
- Cooper v. SimmonsMississippi Supreme Court · 1959
- Malone v. MaloneMississippi Supreme Court · 1980
- United States v. Bank of Clarksdale, of the Estate of Mae Suddoth Barr, DeceasedCourt of Appeals for the Fifth Circuit · 1965
- Wheeler v. WilliamsMississippi Supreme Court · 1959
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