Laughlin v. O'Reiley
Mississippi Supreme Court
From: the chancery court, Warren county. Hof. J. S. Hicks, Chancellor. Laughlin, surviving executor, appellant, was complainant in ■■the court below. Mrs. O’Reiley, appellee, was defendant there. From a decree sustaining a demurrer to the bill complainant appealed to the supreme court. Gordon v. James, 86 Miss., 719, 39 South., 18,1 L. R. A. (N. S.), 461; 21 Enc. Law (2d ed.), pp. 1134, 1156; Hall v.. Reese’s Heirs, 24 Tex. Oiv.
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From: the chancery court, Warren county. Hof. J. S. Hicks, Chancellor. Laughlin, surviving executor, appellant, was complainant in ■■the court below. Mrs. O’Reiley, appellee, was defendant there. From a decree sustaining a demurrer to the bill complainant appealed to the supreme court. Gordon v. James, 86 Miss., 719, 39 South., 18,1 L. R. A. (N. S.), 461; 21 Enc. Law (2d ed.), pp. 1134, 1156; Hall v.. Reese’s Heirs, 24 Tex. Oiv. App., 221, 58 S. W., 974; Morse v. Morse, 85 N. Y., 53; Horsfield v. Black, 40 App. Dir., 264, 57 • N. Y. Supp., 1006; McLean v. McLean, 66 Hun, 631, 21 N. Y. Supp.,…
1Opinion of the CourtCaliioon, J.
Laughlin, the surviving executor of the will of John R. M. O’Reiley, seeks partition of part of the real estate of the testa*123tor to pay legacies which aggregate more than $50,000. The final decree in the proceeding sustains a demurrer to the bill, and the executor appeals.
Of course, an executor, merely as such, has primarily nothing to do with the real estate, and cannot under ordinary circumstances maintain a bill to partite land. The question is whether he can under this will. The will of O’Reiley is made an exhibit to the bill. This will in its second item makes special legacies to…
2Cited by3 opinions
- Wirtz v. GordonMississippi Supreme Court · 1938
- Davis v. MillerMississippi Supreme Court · 1947
- Jefcoat v. PowellMississippi Supreme Court · 1959