Scott and Wife v. Terry
Mississippi Supreme Court
Appeal from the Court of Probate of Jefferson county. Hon. J. M. Ellis, judge. Jeremiah Terry died intestate in January, 1857. He left surviving him Ann Scott, a sister of the half blood, and several nephews and nieces (among whom were Jesse Terry and Evan S. Jeffries), being the children of his deceased brothers and sisters of the whole blood; but he left no brother or sister of the whole blood surviving him.
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Appeal from the Court of Probate of Jefferson county. Hon. J. M. Ellis, judge. Jeremiah Terry died intestate in January, 1857. He left surviving him Ann Scott, a sister of the half blood, and several nephews and nieces (among whom were Jesse Terry and Evan S. Jeffries), being the children of his deceased brothers and sisters of the whole blood; but he left no brother or sister of the whole blood surviving him. On this state of facts, Mrs. Scott and her husband claimed that she was heir to said intestate, and entitled to administration on his estate ; and Jesse Terry and Evan S. Jeffries…
1Opinion of the CourtHandy, J.
The question presented in this case is this: When the brothers and sisters of the whole blood of a party dying intestate are all dead, leaving children, are such children entitled to the inheritance under the statutes of descent and distributions of this State, by right of representation of their parents, to the exclusion of a sister of the half blood of the intestate who survives her brothers and sisters of the whole blood ?
It is admitted, by the counsel for the appellants, that if one of the brothers or sisters of the whole blood were living, the others of the whole blood being dead and…
2Cited by3 opinions
- Warnock v. WarnockCalifornia Court of Appeal · 1940
- Jones v. StubbsMississippi Supreme Court · 1983
- Davidson v. BrownleeMississippi Supreme Court · 1917