Cheairs v. Smith
Mississippi Supreme Court
Appeal from the Court of Probates of Marshall county. Hon. B. G-. Lawrence, judge. A full statement of the case will be found in the opinion of the court.
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Appeal from the Court of Probates of Marshall county. Hon. B. G-. Lawrence, judge. A full statement of the case will be found in the opinion of the court. The testator made his will, and died, after the 1st of November, 1857, the time when the Revised Code took effect; and therefore, the law which governs the case, is that found in the New Code, 236, sec. 3, art. 9, as follows: “It.shall not he lawful for any person, either by will, deed, or other conveyance, directly or in trust, either express or secret, or otherwise, to make any disposition of any slave or slaves for the purpose or with…
1Opinion of the CourtHandy, J.
This was a contest in the Court of Probates of Marshall county *662between, the heirs at law and distributees of William H. Cheairs, deceased, and the residuary legatee under the last will and testament of the said decéased, involving the validity of that will as to certain dispositions made in it in favor of the residuary legatee.
The will, after making bequests of certain specific legacies to certain relatives and friends, contains the following provisions:
“ All the residue of my estate, both real and personal, not herein particularly disposed of, I give and bequeath to my,nephew Lucius, son of…
2Cases cited2 opinions
- Lusk v. LewisMississippi Supreme Court · 1856
- Lewis v. LuskMississippi Supreme Court · 1858