Legal Opinion

Cohn v. McClintock

Mississippi Supreme Court

Decided October 15, 1914PublishedCited by 5 opinions

Appeal from the circuit court of Washington county. Hon. Monroe McClurg, Judge. Action by J. W. McOlintock, against Jake Cohn and others, executors of the estate of M. Cohn. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Washington county. Hon. Monroe McClurg, Judge. Action by J. W. McOlintock, against Jake Cohn and others, executors of the estate of M. Cohn. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It appears, that the sole question for the determination of this court is whether the will of M. Cohn, deceased, created an express trust for the payment of his debts, so as to render inoperative the provisions of sections 2105', 2106 and 2107 of this Code of 1906, in reference to the registration and probation of…

1Opinion of the CourtCook, J.

This case was submitted to the circuit judge, a jury being waived, upon an agreed statement of facts, substantially as follows:(1) That M. Cohn, of Belzoni, Washington county, Mississippi, died on the 3d of December, 1910, leaving a last will and testament, a copy of which is made a part of said agreed statement of facts, and that, at the time of his death, he was indebted to the appellee in this case in the sum of one hundred and twenty-two dollars and eighteen cents, for insurance premiums.(2) That the appellants duly qualified as executors of the last will and testament of said M. Cohn,…

2Cases cited2 opinions

  1. Gordon v. McDougallMississippi Supreme Court · 1904
  2. Cudahy Packing Co. v. Miller's EstateMississippi Supreme Court · 1912

3Cited by5 opinions

  1. Estate of Boyd v. ThomasSupreme Court of Minnesota · 1925
  2. Rogers v. RosenstockMississippi Supreme Court · 1918
  3. Stevens v. D. R. Dunlap Mercantile Co.Mississippi Supreme Court · 1914
  4. Fidelity & Deposit Co. v. DoughtryMississippi Supreme Court · 1938
  5. Lintonia Building & Loan Ass'n v. McRavenMississippi Supreme Court · 1933

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