Whitley v. Stephenson
Mississippi Supreme Court
Appeal from the Court of Probates of De Soto county. Hon. Gr. D. Campbell, judge. Mary M. Whitley filed her petition in the Probate Court of He Soto county, stating, that she ivas the widow of N. G-. Whitley, who died intestate in 1858, leaving eight children; that there were forty-three negroes belonging to the estate, which ought to be divided, the other assets being sufficient to pay debts, &c. The children were made parties.
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Appeal from the Court of Probates of De Soto county. Hon. Gr. D. Campbell, judge. Mary M. Whitley filed her petition in the Probate Court of He Soto county, stating, that she ivas the widow of N. G-. Whitley, who died intestate in 1858, leaving eight children; that there were forty-three negroes belonging to the estate, which ought to be divided, the other assets being sufficient to pay debts, &c. The children were made parties. It seems that proof was made to the court that Mrs. Jarman, one of the. children, had received an advancement of $1420, and Mrs. Hester, another child, had also…
1Opinion of the CourtHarris, J.
Three questions are presented by the respective parties, in this assignment of error, for our determination.
The first we shall notice, is whether it is the duty of commissioners appointed to divide an estate, to allow the widow on her application, the property exempted by law (Art. 172, p. 469, and Art. 280, 281, p. 529, Code), from seizure under executions, &c., before proceeding to division; and whether on failure to allow the widow “ to retain and hold to her own use” such property, it is error in the Probate Court to confirm the report of the commissioners depriving her of this right,…
2Cited by6 opinions
- De Baum v. Hulett Undertaking Co.Mississippi Supreme Court · 1934
- Magee v. YoungMississippi Supreme Court · 1866
- Wally v. WallyMississippi Supreme Court · 1868
- Birmingham v. BirminghamMississippi Supreme Court · 1876
- Grafton v. SmithMississippi Supreme Court · 1889
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