Redmond v. Redmond
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Hon. James F'. McCoo-l, Chancellor. Bill between Dennis Redmond and others and Robert Redmond and others for the construction of the will of John S. Redmond, deceased. From a decree finding the fourth clause of the will invalid and directing a distribution of the residue of the estate among the testator’s heirs, Dennis Redmond and others appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Holmes county. Hon. James F'. McCoo-l, Chancellor. Bill between Dennis Redmond and others and Robert Redmond and others for the construction of the will of John S. Redmond, deceased. From a decree finding the fourth clause of the will invalid and directing a distribution of the residue of the estate among the testator’s heirs, Dennis Redmond and others appeal. The facts are fully stated in the opinion of the court. Our contention is that the devise is not void as violative of the rule against perpetuities; it is not contrary to the proviso of section 2765-,…
1Opinion of the CourtReed, J.
The appeal in this case is for the purpose of obtaining a construction of a will. John S. Redmond died February 6,1910, leaving a last will and. testament in which'- he disposed of certain real and personal property. The will, *531with codicil thereto, was probated in common form before the chancery clerk. At the ensuing term of the chancery court some of the grandchildren of testator, the children of his deceased children contested the will. It is shown in the final decree that the will was properly executed, that Mr. Redmond had full testamentary capacity, and that it was agreed by all parties…
2Cases cited1 opinion
- Henry v. HendersonMississippi Supreme Court · 1912
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