McGaughey v. Eades
Mississippi Supreme Court
From the chancery court of Leake county. Adam M. Byrd, Chancellor. This was a probate proceeding in the chancery court in which McGaughey and others, appellants, legatees under the will, objected to an allowance to Mrs. Eades, the appellee, the widow of the testator. The objection was disallowed by the court below, and the objectors appealed to the supreme court. The opinion states the facts of the case.
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From the chancery court of Leake county. Adam M. Byrd, Chancellor. This was a probate proceeding in the chancery court in which McGaughey and others, appellants, legatees under the will, objected to an allowance to Mrs. Eades, the appellee, the widow of the testator. The objection was disallowed by the court below, and the objectors appealed to the supreme court. The opinion states the facts of the case. I recognize the force and effect of the two decisions of Mc-Reary, Executor, v. Robinson, 12 Smed. & M., 318, and Turner v. Turner, 30 Miss., 428, but insist that they do not decide the point…
1Opinion of the CourtTerral, J.
Joseph D. Eades, of Leake county, made his last will and testament, by which he disposed of all his property. By the fifth item of said will he bequeathed to his wife, Callie, $1,000, to be paid to her at once upon his death, and, if the payment of said sum was delayed, it was to draw ten per centum interest from his death. He expressly stipulated in his will that said sum of $1,000 should be in lieu of all exemptions and other demands or interest in his estate, both real and personal. In the eighth item of his will he directed the legacy given to his wife to be paid before all other…
2Cases cited1 opinion
- Turner v. TurnerMississippi Supreme Court · 1855
3Cited by3 opinions
- Williams v. WilliamsMississippi Supreme Court · 1916
- Whitehead v. KirkMississippi Supreme Court · 1914
- Stewart v. StewartMississippi Supreme Court · 1923