Sims v. Conger
Mississippi Supreme Court
Appeal from tbe Chancery Court of Claiborne county. Hon. Hiram Cassidy, chancellor. (The argument of Mr. Anderson, on the first argument of the case, only is given, as Mr. Moody did not present any views of the case materially different from those presented in Mr. A.’s argument.
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Appeal from tbe Chancery Court of Claiborne county. Hon. Hiram Cassidy, chancellor. (The argument of Mr. Anderson, on the first argument of the case, only is given, as Mr. Moody did not present any views of the case materially different from those presented in Mr. A.’s argument. Their joint argument, made on the reargument of the cause, is also given.) As far as my examination of the principles and authorities bearing on the question has extended, I think they clearly settle it in favor of the appellants. The question is not as to the validity of a limitation over, upon a dying without issue,…
1Opinion of the CourtHandy, J.
This bill was filed by the appellees, seeking to recover from the possession of the appellant certain slaves claimed by them as legatees in the will of Phebe A. Kenley, deceased.
The material clauses of the will necessary to be taken into view in the present case are the following:
“ Item 3. I direct that my executor will carry on the plantation, making cotton, corn, &c., until my son Allison Wade Sims shall arrive at the age of twenty-one years.”
“ Item 4. When my son Allison Wade Sims arrives at the age of twenty-one years, I give and bequeath to him all my estate, both real and personal.”
“Item…
2Cases cited2 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Jordan v. RoachMississippi Supreme Court · 1856
3Cited by8 opinions
- Drake v. CraneSupreme Court of Missouri · 1895
- In Re Raworth's EstateMississippi Supreme Court · 1951
- White v. InmanMississippi Supreme Court · 1951
- Armistead's Ex'ors v. HarttSupreme Court of Virginia · 1899
- Ninia v. WilderHawaii Supreme Court · 1899
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