Legal Opinion

Owens v. Estate of Owens

Mississippi Supreme Court

Decided March 15, 1904PublishedCited by 6 opinions

From the chancery court of Lafayette county. Hon. James 0. Longstrbet, Chancellor. Silas Owens died in 1889, leaving a will. He left an estate of about $100,000. In his will he devised and bequeathed all his property except $5,000, which he bequeathed to the lady he afterwards married, to his four children. At the time of the execution of this will he was a widower, but afterwards married, and had two more children by this last marriage.

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From the chancery court of Lafayette county. Hon. James 0. Longstrbet, Chancellor. Silas Owens died in 1889, leaving a will. He left an estate of about $100,000. In his will he devised and bequeathed all his property except $5,000, which he bequeathed to the lady he afterwards married, to his four children. At the time of the execution of this will he was a widower, but afterwards married, and had two more children by this last marriage. He appointed A. T. Owens and Bern Price executors of his will. The will provided that, when any of said children should marry or become of age, their share…

1Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.. We have given this case, in all its details, the most thorough and painstaking consideration. The principles which must control it are not new. They are well considered and have been long established. We shall refer to no authorities in the course of this opinion, for the reason that counsel on both sides have, in their briefs, collated the authorities applicable, in the most admirable manner; and we content ourselves with referring to those authorities, all of which we have carefully examined.

It is the facts of a cáse which make a case,…

2Cases cited2 opinions

  1. Anderson v. GreggMississippi Supreme Court · 1870
  2. Troup v. RiceMississippi Supreme Court · 1877

3Cited by6 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. In re the Estate of DelaneyNevada Supreme Court · 1918
  3. Russell v. RussellMississippi Supreme Court · 1932
  4. Rodriguez v. ShacklettCourt of Appeals of Texas · 1940
  5. State v. RogersMississippi Supreme Court · 1970

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