Nash v. Young
Mississippi Supreme Court
Appeal from the Probate Court of Madison county. Hon. A. P. Hill, judge. Mary E. Nash, the appellant, being the widow of Madison Gr. Nash, deceased, filed her petition in the court below, seeking to have set aside to her the real and personal estate of her late husband, which, by law, was exempt from execution in his lifetime. The court sustained her claim as to the personalty, and overruled it, as to real estate.
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Appeal from the Probate Court of Madison county. Hon. A. P. Hill, judge. Mary E. Nash, the appellant, being the widow of Madison Gr. Nash, deceased, filed her petition in the court below, seeking to have set aside to her the real and personal estate of her late husband, which, by law, was exempt from execution in his lifetime. The court sustained her claim as to the personalty, and overruled it, as to real estate. From this decision she appealed, and the executor of her husband took a cross-appeal. It appeared that Madison Gr. Nash, her late husband, made a last will and testament, which,…
1Opinion of the Court
Per curiam.'
— The only question of any importance in this case is, whether a widow is entitled to so much of the estate of her deceased husband as is exempt by law from execution, when the husband has disposed of the property by his will, and the widow has renounced the will.
The principle which settles this question was decided at the last term, in the case of Turner v. Turner, 30 Miss. R. 428. It is there held, that the right of the widow to such property exists by *135descent or distribution, and that the statute never contemplated that the husband’s right to dispose of it by will or otherwise…
2Cases cited1 opinion
- Turner v. TurnerMississippi Supreme Court · 1855
3Cited by6 opinions
- Osburn v. SimsMississippi Supreme Court · 1884
- Norris v. CallahanMississippi Supreme Court · 1881
- Mills v. MillsMississippi Supreme Court · 1973
- Williams v. WilliamsMississippi Supreme Court · 1916
- Biggs v. RobertsMississippi Supreme Court · 1959
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