Dean v. Nunnally
Mississippi Supreme Court
ERROR to the Circuit Court of Marshall county. Hon. P. T. Scruggs, judge. This was an action instituted in October, 1856, by Dean and Nunnally, executors of James Nunnally, against D. J. Nunnally, his widow, to recover possession of a slave named Edmund, part of the property of the testator, and two hales of cotton, produced by his slaves after his death.
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ERROR to the Circuit Court of Marshall county. Hon. P. T. Scruggs, judge. This was an action instituted in October, 1856, by Dean and Nunnally, executors of James Nunnally, against D. J. Nunnally, his widow, to recover possession of a slave named Edmund, part of the property of the testator, and two hales of cotton, produced by his slaves after his death. The defendant pleaded a general denial, and the cause was submitted to a jury, who found a special verdict: from which it appears, that the said James B. Nunnally, executed the following will on the day of its date, viz.: “ October 31st,…
1Opinion of the CourtSmith, C. J.
This was an action brought, ostensibly, for the recovery of a certain slave and two bales of cotton, which the plaintiffs claimed as the executors of the will of James B. Nunnally, deceased. The true object of the suit was to obtain an authoritative construction of the said will, in reference to the rights and authority of the executors.
The facts of the case are set forth in a special verdict. From which it appears that the said James B. Nunnally, having made and published his last will and testament, died some time in the year 1854; that by said will the testator declared it to be his desire…
2Cited by6 opinions
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