Booth v. Stebbins
Mississippi Supreme Court
Appeal from the probate court of Madison county. Cooper, J. The opinion of the court states the facts of this case. There are, by consent, two cases in this transcript, viz.: on petition of appellant, for dower in lands, and by appellee, for a sale of lands to pay debts. As I am informed, the latter has been confirmed, and therefore no brief is filed in relation to it.
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Appeal from the probate court of Madison county. Cooper, J. The opinion of the court states the facts of this case. There are, by consent, two cases in this transcript, viz.: on petition of appellant, for dower in lands, and by appellee, for a sale of lands to pay debts. As I am informed, the latter has been confirmed, and therefore no brief is filed in relation to it. The defence to the claim of dower is an alleged provision by the will of the husband, and a failure to renounce in due time. To this defence there are three answers: 1. There was no proof to show when the will was ' probated,…
1Opinion of the Court
Peyton, C. J.:
This is an appeal from a decree of the probate court of Madison county, dismissing the petition of Martha Ann Booth, widow of William A. Booth, deceased, praying that her 'dower may.be allotted to her in the lands, tenements and. hereditaments of which her said husband died seized and possessed.'
It-is contended, on the .part, of the appellee, that the appellant is.barred of her dower by a provision made for her in the will of her husband, which was not renounced by her within the time prescribed by the statute.
The testator appointed the appellant executrix of *164his will and…
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