McGehee v. McGehee
Mississippi Supreme Court
From the chancery court, first district, of Panola county. Mrs. Anna Dandridge died in 1888, leaving a will of date January, 1870. By the third item thereof it was provided: ‘ ‘ I will and bequeath to my niece, Emma L. McGehee (daughter of the late Edward McGehee and my sister, Sarah E. McGehee), Hollywood house, with the household and kitchen furniture, and the section of land upon which the house stands (section 32); and I do this not only from my attachment to her, but…
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From the chancery court, first district, of Panola county. Mrs. Anna Dandridge died in 1888, leaving a will of date January, 1870. By the third item thereof it was provided: ‘ ‘ I will and bequeath to my niece, Emma L. McGehee (daughter of the late Edward McGehee and my sister, Sarah E. McGehee), Hollywood house, with the household and kitchen furniture, and the section of land upon which the house stands (section 32); and I do this not only from my attachment to her, but because the place is dear to her, having been the home of McGehee Dandridge, hoping she may reside here and have a care…
1Opinion of the CourtStockdale, J.
We are asked to reverse the judgment of the court below, whereby it was decreed that the title to certain property, therein described as Hollywood house and furniture, and the land on which it stands (section 32), vested in John Scott McGehee, in fee simple, upon the death of Sarah E. McGehee. The contention of appellants is that the last codicil revokes the devise of section 32. Counsel on both sides lay down the correct rule of construction of wills — that is, to ascertain the intention of the testator -from the will itself, the whole will taken together, including codicils, if there be…
2Cases cited3 opinions
- Johns Hopkins University v. PinckneyCourt of Appeals of Maryland · 1881
- Appeal of ReichardSupreme Court of Pennsylvania · 1887
- Gelbke v. GelbkeSupreme Court of Alabama · 1889
3Cited by1 opinion
- Klein v. GainesMississippi Supreme Court · 1948