Garnett v. Cowles
Mississippi Supreme Court
Appeal from tbe Court of Probates of Yalobusha county. Hon. G. Q. Martin, judge. The petition in this case does not appear in the record; but it appears from other parts of the record, and the argument of counsel, that it was filed by Mrs. Cowles, the heir of Samuel Hurd, deceased, for the purpose of procuring distribution to be made to her of all the slaves of said Hurd, upon these premises: 1. That the said testator had bequeathed them to the American Colonization Society…
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Appeal from tbe Court of Probates of Yalobusha county. Hon. G. Q. Martin, judge. The petition in this case does not appear in the record; but it appears from other parts of the record, and the argument of counsel, that it was filed by Mrs. Cowles, the heir of Samuel Hurd, deceased, for the purpose of procuring distribution to be made to her of all the slaves of said Hurd, upon these premises: 1. That the said testator had bequeathed them to the American Colonization Society for the purpose of emancipation; and, 2. That the fourth clause of the codicil by which Waul was made residuary legatee…
1Opinion of the CourtHarris, J.
Appellees filed their petition in the Court of Probates for Yalobusha county, praying for distribution of the estate of Samuel Hurd, deceased, to the said Polly Cowles, as his heir at law.
The petition does not appear in the record. But, from the answers of the American Colonization Society, of H. T. Garnett, admr. de bonis non on the estate of said Hurd, and of T. N. Waul, claiming to be residuary legatee, as well as from the arguments and admissions of counsel, it is to be inferred that the petitioner bases her claim, as heir at law, upon the assumed invalidity of the will of Samuel Hurd,…
2Cases cited4 opinions
- Pass v. McRea, Coffman & Co.Mississippi Supreme Court · 1858
- Read v. ManningMississippi Supreme Court · 1855
- Lusk v. LewisMississippi Supreme Court · 1856
- Lewis v. LuskMississippi Supreme Court · 1858
3Cited by2 opinions
- Dogan v. BrownMississippi Supreme Court · 1870
- Hunt v. SherrillMississippi Supreme Court · 1943