Legal Opinion

Hoy v. Hoy

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 30 opinions

From the chancery court of Yazoo county. Hon. G-. Garland Lyell; Chancellor. Chlora Hoy, appellant, was complainant in the court below; Leroy Hoy, appellee, was defendant there. From, a decree in defendant’s favor the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court.

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From the chancery court of Yazoo county. Hon. G-. Garland Lyell; Chancellor. Chlora Hoy, appellant, was complainant in the court below; Leroy Hoy, appellee, was defendant there. From, a decree in defendant’s favor the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court. Implied revocations are still permissible under our statute, which is a reproduction of the English statute, and is the same as it has been since 1821, Hutchinson’s Code, 649; Garrett v. Dabney, 27 Miss. 335; Jones v. Moseley, 40 Miss. 261. There is no change in our statutes with…

1Opinion of the CourtFletcher, J.

One Louis Hoy, on the 23d day of April, 1898, made a will in which he divided his property equally between appellee, Leroy Hoy, his nephew, and his then -wife, Ellen Hoy. Some time thereafter Ellen Hoy died, -and in 1900 Louis Hoy married the appellant, Oidora Hoy, and died without making any express revocation of his will. He left no children or descendants of *751children. Soane time after the death of Louis Hoy, the surviving wife and the nephew, Leroy Hoy, were advised by counsel that the widow had the right to renounce the will and thereby secure one-half of the estate; and upon this…

2Cases cited19 opinions

  1. Brown v. . ClarkNew York Court of Appeals · 1879
  2. Hulett v. CareySupreme Court of Minnesota · 1896
  3. Tyler v. TylerIllinois Supreme Court · 1857
  4. In re Estate of ComassiCalifornia Supreme Court · 1895
  5. Morgan v. DavenportTexas Supreme Court · 1883

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3Cited by30 opinions

  1. Moor v. ParksMississippi Supreme Court · 1920
  2. Will of WehrWisconsin Supreme Court · 1945
  3. Hartfield v. StateMississippi Supreme Court · 1939
  4. Pascucci v. AlsopCourt of Appeals for the D.C. Circuit · 1945
  5. Herzog v. Trust Co.Supreme Court of Florida · 1914

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