Jordan v. Roach
Mississippi Supreme Court
Appeal from tbe Superior Court of Chancery. Hon. Charles Scott, chancellor. The bill in this case was filed by the children of Benjamin Roach, Sr., deceased, (one of whom was also executor,) against German N. Jordan, the surviving husband of Mary Roach, to recover from him about thirty slaves, and a tract of land, containing about 1500 acres; and also to have the right of the complainants established to all the property remaining in the hands of the executor for…
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Appeal from tbe Superior Court of Chancery. Hon. Charles Scott, chancellor. The bill in this case was filed by the children of Benjamin Roach, Sr., deceased, (one of whom was also executor,) against German N. Jordan, the surviving husband of Mary Roach, to recover from him about thirty slaves, and a tract of land, containing about 1500 acres; and also to have the right of the complainants established to all the property remaining in the hands of the executor for distribution, and which, by the terms of the will, was to be distributed when the youngest of the complainants should become of age.…
1Opinion of the CourtSmith, C. J.
This was a bill filed in the Superior Court of Chancery, by the appellees, for the recovery of certain real estate and personal property consisting of slaves, stock, farming utensils, &c., held and claimed by the appellant.
The controversy involves the construction of the last will and testament of Benjamin Boach, Sen., deceased, under which both parties claim title.
The testator having, by previous devises and bequests in the will, disposed of certain portions of his estate, by the fourth clause devised and bequeathed to his five children, “ all the rest of, and all kinds” of his property, to…
2Cases cited1 opinion
- Hampton v. RatherMississippi Supreme Court · 1855
3Cited by16 opinions
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Ball v. PhelanMississippi Supreme Court · 1908
- Wright v. City of TuscaloosaSupreme Court of Alabama · 1938
- Edwards v. BibbSupreme Court of Alabama · 1875
- Middlesex Banking Co. v. FieldMississippi Supreme Court · 1904
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