Grafton v. Smith
Mississippi Supreme Court
From the chancery court of Madison county. Hon. Warren Cowan, Chancellor. In 1869 L. A. Smith died in Madison county intestate, leaving a widow and two children, the elder, L. A. Smith, being about two years old. He left no estate for administration, and only some exempt personalty.
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From the chancery court of Madison county. Hon. Warren Cowan, Chancellor. In 1869 L. A. Smith died in Madison county intestate, leaving a widow and two children, the elder, L. A. Smith, being about two years old. He left no estate for administration, and only some exempt personalty. Soon thereafter T. C. Stein was appointed administrator of the estate of said Smith, and, although this personal property was all exempt, it was irregularly appraised and inventoried as part of the estate, and the inventory was approved by the court. It was not set apart to the widow, and the administrator…
1Opinion of the CourtArnold, C. J.
The demurrer to the cross bill should have been overruled. The personal property exempt from execution and attachment, was no part of the estate of J. A. Smith, subject to administration. Whitley v. Stephenson, 38 Miss. 113. When the administrator took charge of it, he acted without authority of law ; when he delivered it and the money received from its sale, to the widow, he did what he should have done.
Under the act of 1865, the exempt property descended, on the death of the husband, to his widow as the head of the family, during her widowhood, for the use and benefit of herself and…
2Cases cited5 opinions
- Stephenson v. OsborneMississippi Supreme Court · 1866
- Wally v. WallyMississippi Supreme Court · 1868
- Whitley v. StephensonMississippi Supreme Court · 1859
- Hardin v. OsborneMississippi Supreme Court · 1871
- Holliday v. HollandMississippi Supreme Court · 1867
3Cited by2 opinions
- Crawford v. NassoyAppellate Division of the Supreme Court of the State of New York · 1900
- Hill v. OuztsMississippi Supreme Court · 1941