Barry v. Sturdivant
Mississippi Supreme Court
Appear from the Chancery Court of Lowndes County. Hon. C. A. Surrivan, Chancellor. Charles Sturdivant made his last will and testament, and bequeathed and devised to his several different children his personal and real estate.
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Appear from the Chancery Court of Lowndes County. Hon. C. A. Surrivan, Chancellor. Charles Sturdivant made his last will and testament, and bequeathed and devised to his several different children his personal and real estate. He afterwards added a codicil to said will, as follows: “I confirm to my daughter Lucy M. all that I heretofore willed, and all the stock, crop, plantation utensils, household and kitchen furniture I may die possessed of, to her and the heirs of her body, requesting her to make such presents to any of my children as she may think proper, as mementos that they may…
1Opinion of the CourtChalmers, J.
Mrs- Barry was the executrix of the estate of her deceased father. Her husband held a probated claim against the estate, which, in the course of administration, she paid off, for which disbursement she prayed allowance and credit in her final *493settlement. The distributees of the estate filed exceptions to its allowance, and controverted the justice of the demand. The husband, the original claimant, and his wife, the executrix, were both conversant with the facts relating to the claim, and both testified to its correctness. The testimony of both was deemed incompetent, and was excluded by the…
2Cases cited2 opinions
- Rushing v. RushingMississippi Supreme Court · 1876
- Haralson v. WhiteMississippi Supreme Court · 1859
3Cited by1 opinion
- Saffold v. HorneMississippi Supreme Court · 1894