Coleman v. Brooke
Mississippi Supreme Court
Appeal from tbe Court of Probates of Attala county. Hon. E. M. Wells, judge. Mrs. Sidney Brooke, widow and administratrix of Jonathan Brooke, deceased, who died intestate, applied to the Probate Court of Attala county for allowance of the personal property of her deceased husband, exempt by law from execution. Commissioners were appointed by the court, who set apart to the widow all the personal property exempt by law from execution.
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Appeal from tbe Court of Probates of Attala county. Hon. E. M. Wells, judge. Mrs. Sidney Brooke, widow and administratrix of Jonathan Brooke, deceased, who died intestate, applied to the Probate Court of Attala county for allowance of the personal property of her deceased husband, exempt by law from execution. Commissioners were appointed by the court, who set apart to the widow all the personal property exempt by law from execution. On the coming in of the commissioners’ report, the-heirs and distributees of the intestate appeared and filed objections to the said report, and to its…
1Opinion of the CourtHarris, J.
The assignment of errors in this case presents for our determi*72nation the question, whether a widow, owning “ separate property at the time of her husband’s death equal in value to what would be her lawful portion of her husband’s real and personal estate,” is entitled, under the 172d article of the 23d chapter of the new Code, p. 469, to all the personal estate of her deceased husband, which is by law exempted from sale under execution or distress ?
Upon a careful examination of the various provisions of the Code, having relation to this subject, we think the widow is clearly entitled to such…
2Cited by4 opinions
- Wally v. WallyMississippi Supreme Court · 1868
- Hardin v. OsborneMississippi Supreme Court · 1871
- Birmingham v. BirminghamMississippi Supreme Court · 1876
- Mason v. O'BrienMississippi Supreme Court · 1869