Hoover v. Brem
Mississippi Supreme Court
Error to the probate court of Madison county. Cooper, J. The plaintiff in error assigned the following cause of error : The court below erred in refusing the prayer of the petitioner, and in dismissing the petitioner at his costs. We insist the bequest to the plaintiff is a legal and valid gift of a thousand dollars, and that the jurisdiction of the probate court of Madison county is full and ample to enforce its payment.
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Error to the probate court of Madison county. Cooper, J. The plaintiff in error assigned the following cause of error : The court below erred in refusing the prayer of the petitioner, and in dismissing the petitioner at his costs. We insist the bequest to the plaintiff is a legal and valid gift of a thousand dollars, and that the jurisdiction of the probate court of Madison county is full and ample to enforce its payment. By the second proviso to the act of 1842; under which this bequest was made, it is declared to be competent for the owner, by last will and testament, to direct the executor…
1Opinion of the Court
Tarbell, J.:
This is an appeal from the probate court of Madison county. The questions for adjudication involve the construction and legality of the fifteenth item or clause of the will of Thomas B. Hoover, deceased, and the jurisdiction of the probate court. In February, 1869, Asa Hoover filed with the probate court of Madison county, his petition setting forth that Thos. *607B. Hoover died in 1825, having first made his will, wherein he bequeathed to the petitioner, the sum of $1,000; that letters testamentary were granted to Thomas Brem and Henry E. Coulter; that more than twelve months have…
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