Beeks v. Rye
Mississippi Supreme Court
FROM the chancery court of Monroe county. IÍON. Baxtee MoEart.AND, Special Chancellor. This case arose out of a contest over the final account of John M. ."Rye, surviving executor of the last will and testament of Samuel Beeks, deceased. Exceptions were filed to the account by David A. Beeks and others, who were interested in the estate. The court below overruled the exceptions, and the exceptors appealed to the supreme court.
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FROM the chancery court of Monroe county. IÍON. Baxtee MoEart.AND, Special Chancellor. This case arose out of a contest over the final account of John M. ."Rye, surviving executor of the last will and testament of Samuel Beeks, deceased. Exceptions were filed to the account by David A. Beeks and others, who were interested in the estate. The court below overruled the exceptions, and the exceptors appealed to the supreme court. Samuel Beeks died testate in January, 1857. After devising a considerable portion of his estate to his wife, Malinda, for the term of her natural life, his will…
1Opinion of the Court
’Whitpieud, J.,
delivered the opinion of the court.
The decree of February 27, 1S97, was not a Anal decree. It did not, properly construed, direct to whom the proceeds of the sale were to be paid. Such proceeds were to be paid to the parties entitled, “and who they were the will pointed out.” It was for the court to determine this, upon the coming in of the report of sale. The effect sought to be given the words “interests of the defendants as shown in said petition,” can only be supported by the narrowest and most literal construction, and is not the reasonable construction. The entire…
2Cases cited2 opinions
- Lowry v. McMillanMississippi Supreme Court · 1858
- Dunlap v. FantMississippi Supreme Court · 1896
3Cited by3 opinions
- Blum v. Planters' Bank & Trust Co. of OpelousasMississippi Supreme Court · 1929
- Sowell v. SowellMississippi Supreme Court · 1911
- Barlow v. RutlandMississippi Supreme Court · 1965