O'Reilly v. McGuiggan
Mississippi Supreme Court
From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs. McGuiggan and her two children, appellees, were complainant in the court below, and Mrs. O’Reilly, the appellant, defendant there. From a decree in favor of the complainants the defendant appealed to the supreme court.
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From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs. McGuiggan and her two children, appellees, were complainant in the court below, and Mrs. O’Reilly, the appellant, defendant there. From a decree in favor of the complainants the defendant appealed to the supreme court. Several years before his death one John R. M. O’Reilly, being sued by Mrs. McGuiggan for slander, compromised the case with her, agreeing to provide in his last will and testament for the payment at his death of $1,000 to her and $2,000 to each of her two children. In fulfilment of the compromise,…
1Opinion of the Court
Cali-ioon, J.,
delivered tbe opinion of tbe court.
By the codicil No. 2 of the will the claim of appellee and her daughters is expressly recognized as a debt and charge on the estate, and an express trust is saddled on the executors to pay it, and it was therefore unnecessary to probate it, and the decree below is right. Gordon v. MacDougall, 84 Miss., 715; 37 South., 298; 5 L. R. A. (N. S.), 355, and the authorities cited in the opinion; 8 Ency. of Law, 1083, note 5; Abbay v. Hill, 64 Miss., 340; 1 South., 484.
Affirmed.
2Cases cited2 opinions
- Gordon v. McDougallMississippi Supreme Court · 1904
- Abbay v. HillMississippi Supreme Court · 1886
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