McWillie v. Van Vacter
Mississippi Supreme Court
Appeal from the Court of Probates of Madison county. Hon. I. M. Simmons, judge. This was a petition in the Probate Court, by Yan Yacter and wife, against A. A. McWillie, as executor of Ann McWillie, seeking to compel him to distribute to them certain slaves, which were bequeathed by the testatrix to Mrs. Yan Yacter. A demurrer was interposed, which, upon appeal to this court, was overruled. (See 31 Miss.
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Appeal from the Court of Probates of Madison county. Hon. I. M. Simmons, judge. This was a petition in the Probate Court, by Yan Yacter and wife, against A. A. McWillie, as executor of Ann McWillie, seeking to compel him to distribute to them certain slaves, which were bequeathed by the testatrix to Mrs. Yan Yacter. A demurrer was interposed, which, upon appeal to this court, was overruled. (See 31 Miss. It. 563.) When the cause was remanded from this court, the executor filed his answer, in which he resisted the distribution of the legacy, upon two grounds, viz.:— 1. He denied that he was…
1Opinion of the Court
Smith, C. J.,
delivered the following opinion.
This was a proceeding, by petition, in the Court of Probates of Madison county, to compel the executor to deliver to the petitioners certain slaves, which they claimed as a specific legacy under the will of Mrs. Ann McWillie, deceased.
The petitioners alleged, that the testatrix, having made and published her last will and testament, in which she bequeathed to Ann J. Milcey, the wife of Owen Van Vacter, certain slaves, died in 1844; that the will was duly admitted to probate in said court, and that Abram A. McWillie was appointed sole executor by…
2Cases cited5 opinions
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