Legal Opinion

Ex parte Atkinson

Mississippi Supreme Court

Decided October 15, 1864PublishedCited by 2 opinions

Error to the Probate Court of Madison county. Hon. W. S. Bailey, judge. The opinion of the court recites the facts of the case. contended, That the case of Stewa/rt v. Morrison, 38 Miss. 41Y, was decided under a different state of the statute law from that which now exists, and under which this ease arose.

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Error to the Probate Court of Madison county. Hon. W. S. Bailey, judge. The opinion of the court recites the facts of the case. contended, That the case of Stewa/rt v. Morrison, 38 Miss. 41Y, was decided under a different state of the statute law from that which now exists, and under which this ease arose. The Rev. Code, latter clause of article 142, page 460, provides that “ any minor, whose father or mother shall be living, may have a guardian appointed by the Probate Court.” It is competent for the legis lature to confer this special jurisdiction, on the Probate Court.

1Opinion of the CourtIIukst, J.

The plaintiff in error filed his petition in the court below, praying that letters of guardianship might be granted to him, upon the persons and estates of William 0. and Reeves N. Atkinson, who are minors, under the age of fourteen years; and that said minors are the children and heirs-at-law of Mily Atkinson, who was a daughter and heir-at-law of Coleman Nichols, deceased; and that said Mily Atkinson died before Coleman Nichols; and that Coleman Nichols died intestate, leaving the minor children, aforesaid, with others, as,heirs and distributees of his estate; and that said minors are now…

2Cited by2 opinions

  1. Earle v. CrumMississippi Supreme Court · 1868
  2. Harrall v. WallisNew Jersey Court of Chancery · 1883

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