Wallace v. Wallace
Mississippi Supreme Court
Appeal from the chancery court of Tate county. Hon. J. G. McGowan, Chancellor. Suit by E. G. Wallace and others against J. P. Wallace. Prom a decree for defendant, plaintiff appeals. Appellants were complainants in the court below, and appellee was defendant. The suit involves the construction of the following will: Will of James Monroe Wallace.
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Appeal from the chancery court of Tate county. Hon. J. G. McGowan, Chancellor. Suit by E. G. Wallace and others against J. P. Wallace. Prom a decree for defendant, plaintiff appeals. Appellants were complainants in the court below, and appellee was defendant. The suit involves the construction of the following will: Will of James Monroe Wallace. In the name of God; Amen: I, J. M. Wallace, of Panola county and state of Mississippi being of sound mind, memory and understanding do make this my last will and testament in manner and form following: 1st. I will devise and bequeath to the children…
1Opinion of the CourtHolden, J.
This suit was begum in the chancery court of Tate county, where the appellants sought by bill to restrain the commission of waste upon certain lands and to have construed the will of J. M. Wallace, deceased; and from a decree in favor of appellee, this appeal comes here.
It appears that J. M. Wallace died testate, owning considerable property. Under the terms of his will, item 2, he left to the appellee, John P. Wallace, “and to the heirs of his body” certain lands therein described. At the time of the death of J. M. Wallace, the appellee J. P. Wallace had three living children who are the…
2Cases cited8 opinions
- Ball v. PhelanMississippi Supreme Court · 1908
- Floyd v. SmithSupreme Court of Florida · 1910
- Dibrell v. CarlisleMississippi Supreme Court · 1873
- Succession of QuinlanSupreme Court of Louisiana · 1907
- McKenzie v. JonesMississippi Supreme Court · 1860
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3Cited by3 opinions
- Boxley v. JacksonMississippi Supreme Court · 1941
- Carter v. Sunray Mid-Continent Oil Co.Mississippi Supreme Court · 1957
- Liberty Bank v. WilsonMississippi Supreme Court · 1917