Gilliam v. Chancellor
Mississippi Supreme Court
Cross-appeal from the chancery court of Chickasaw county. Bradford, J. In the month of March, 1864, Littlebury Gilliam and Mary A. Dennis entered into a contract of marriage (then soon to be consummated), wherein, among other things, it was stipulated that if the said Littlebury Gilliam should depart this life before the said Mary A. Dennis,.and the net money made,, and increase of property as aforesaid (certain property of both parties put into a partnership created by said…
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Cross-appeal from the chancery court of Chickasaw county. Bradford, J. In the month of March, 1864, Littlebury Gilliam and Mary A. Dennis entered into a contract of marriage (then soon to be consummated), wherein, among other things, it was stipulated that if the said Littlebury Gilliam should depart this life before the said Mary A. Dennis,.and the net money made,, and increase of property as aforesaid (certain property of both parties put into a partnership created by said contract), shall not make the share of the wife, upon division, worth five thousand dollars, to he ascertained by fair…
1Opinion of the Court
Simrall, J.:
Three important points are made by counsel: First, whether as claimed for the plaintiif in error, the jurisdiction of the probate court, over the bequest to Mr. Gilliam is exclusive. Second, is the legacy a satisfaction or performance, of the ante-nuptial settlement, so as to put Mrs. Gilliam to her election. Third, has she lost the benefit of the marriage settlement, because the instrument is unstamped.
1st. The argument is, that Mrs. Gilliam, had instituted a proceeding in the probate court, against the executors to secure the legacy of $5,000; a tribunal which had, to the…
2Cases cited1 opinion
- Rogers v. FrenchSupreme Court of Georgia · 1856
3Cited by10 opinions
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Faught v. FaughtIndiana Supreme Court · 1884
- Lacey v. ZeiglerNebraska Supreme Court · 1915
- Estate of McLaughlinCalifornia Court of Appeal · 1929
- Buckner's Administrator v. MartinCourt of Appeals of Kentucky · 1914
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