Legal Opinion

Dyer v. Williams

Mississippi Supreme Court

Decided October 15, 1884PublishedCited by 2 opinions

Appeal from the Chancery Court of Panola County. T. W. White, Esq., Special Chancellor, presiding in the place of Hon. J. G. Hall, disqualified because of counsel in the case. A statement of the case will be found in the opinion of. the court. We presume that no one at this late day will contend that the law does not grant the absolute right to dispose of property according to the judgment, free will, and desire of the owner.

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Appeal from the Chancery Court of Panola County. T. W. White, Esq., Special Chancellor, presiding in the place of Hon. J. G. Hall, disqualified because of counsel in the case. A statement of the case will be found in the opinion of. the court. We presume that no one at this late day will contend that the law does not grant the absolute right to dispose of property according to the judgment, free will, and desire of the owner. If, then, such a gift will be upheld by law, how is it to be established ? Will the courts look at the evidence of it and regard the testimony sustaining the donation…

1Opinion of the CourtCooper, J.

In 1871 the appellant intermarried with Narcissa A. Hudson, the mother of the appellees, who, at the time of the marriage, was the owner of a considerable separate estate. The personal estate consisted in the main of ehoses in action, which came to her after her marriage as sole distributee of her mother', Mrs. Kirkwood, who had died before that time but whose estate was then being administered. She was also entitled to a distributive share in the estate of her former husband. All of this personal property was received by the appellant, and the ehoses in action were by him collected and the…

2Cases cited3 opinions

  1. Parmele v. McGintyMississippi Supreme Court · 1876
  2. Dease v. MoodyMississippi Supreme Court · 1856
  3. Mitchell v. Tishomingo Savings InstitutionMississippi Supreme Court · 1876

3Cited by2 opinions

  1. Austin Clothing Co. v. PoseyMississippi Supreme Court · 1913
  2. Bowen v. DuncanMississippi Supreme Court · 1886

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