Legal Opinion

Shaw v. Brown

Mississippi Supreme Court

Decided April 15, 1858PublishedCited by 4 opinions

Appeal from the Chancery Court of Amite county. Hon. Stanhope Posey, chancellor. This was a bill filed by John Brown against Richard D. Shaw, executor of the last will and testament of James Brown, deceased.

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Appeal from the Chancery Court of Amite county. Hon. Stanhope Posey, chancellor. This was a bill filed by John Brown against Richard D. Shaw, executor of the last will and testament of James Brown, deceased. The complainant alleged that he was a brother of the said James Brown, who died without any lawful issue, and one of his heirs-at-law; that James Brown, the testator, had been personally domiciled in Amite county, in this State, for more than twenty years preceding his death, which took place in January, A.D. 1856, and was possessed, during that period, and at the time of his death, of a…

1Opinion of the CourtHandy, J.

This bill was filed by the appellee, claiming to be one of the next of kin of James Brown, deceased, to enjoin the execution of certain trusts in the last will and testament of James Brown, which are alleged to be illegal and void.

The bill alleges that the testator, who had been domiciled in Amite county, in this State, for more than twenty years before his death, and the owner of a plantation and slaves in that county, died in January, 1856, leaving a will bearing date 9th October, 1853, which was admitted to probate in April, 1856; and that the appel*304lant, who was appointed one of the…

2Cases cited3 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Craig v. LeslieSupreme Court of the United States · 1818
  3. Leiper v. HoffmanMississippi Supreme Court · 1853

3Cited by4 opinions

  1. Mitchell v. WellsMississippi Supreme Court · 1859
  2. Berry v. AlsopMississippi Supreme Court · 1871
  3. Mathews v. SpringerU.S. Circuit Court for the District of Southern Mississippi · 1871
  4. Mitchell v. WellsMississippi Supreme Court · 1859

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