First Nat. Bank of Commerce v. Donald
Mississippi Supreme Court
Appeal from the chancery court of Forest county. HoN. Allen ThompsoN, Special Chancellor. • Bill by Dr. J. D. Donald, administrator, against the First National Bank of Commerce and others to have converted into money property left by decedent in order to pay the widow’s allowance. From a judgment overruling the demurrer of the bank to the bill, it appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Forest county. HoN. Allen ThompsoN, Special Chancellor. • Bill by Dr. J. D. Donald, administrator, against the First National Bank of Commerce and others to have converted into money property left by decedent in order to pay the widow’s allowance. From a judgment overruling the demurrer of the bank to the bill, it appeals. The facts are fully stated in the opinion of the court. We have no quarrel with counsel about the cases holding, that as between the widow and the common creditors of the deceased, the years allowance is preferred. All the cases cited by…
1Opinion of the CourtHoldeN, J.
After the death of E. J. Mitchell, the administrator, Dr. J. D. Donald, was ordered by the court to pay over to Mrs. Mitchell, the widow of deceased, nine hundred dollars “out of the effects of the decedent,” as “one year’s provision,” under section 2052, Code of 1906. The deceased left about nine hundred dollars worth of property, and the appellee administrator seeks by bill in equity to have this property converted into money with which to pay the widow;s allowance of nine hundred dollars. The appellant bank had an enrolled judgment lien upon the property of the decedent at the date of his…
2Cases cited7 opinions
- Gimbel v. StolteIndiana Supreme Court · 1877
- Houston v. HoustonIndiana Supreme Court · 1879
- Turner v. TurnerMississippi Supreme Court · 1855
- Dozier v. LewisMississippi Supreme Court · 1854
- Morgan v. MorganMississippi Supreme Court · 1858
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3Cited by11 opinions
- O'Neal Steel, Inc. v. MilletteMississippi Supreme Court · 2001
- Thomas v. BaileyMississippi Supreme Court · 1979
- Brookhaven Bank & Trust Company v. D. E. GwinCourt of Appeals for the Fifth Circuit · 1958
- Willis Hardware Co. v. CLARKMississippi Supreme Court · 1952
- Mills v. MillsMississippi Supreme Court · 1973
6 more not listed; retrieve them via the Exa API.