Lowe v. Barnett
Mississippi Supreme Court
Appeal from the Court of Probates of Yazoo county. Hon. Robert Bowman, judge. Contended, that it was clear that the widow had no vested interest in the estate ; that this had been expressly settled by the case of Scott v. James, 3 How. 307 ; and Wade v. Gfrimes, 7 Id. 425. That the special acts required of her and the brother of decedent to perform, were powers conferred upon them personally; that those powers could more properly be exercised by a guardian than executors,…
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Appeal from the Court of Probates of Yazoo county. Hon. Robert Bowman, judge. Contended, that it was clear that the widow had no vested interest in the estate ; that this had been expressly settled by the case of Scott v. James, 3 How. 307 ; and Wade v. Gfrimes, 7 Id. 425. That the special acts required of her and the brother of decedent to perform, were powers conferred upon them personally; that those powers could more properly be exercised by a guardian than executors, and especially by an administrator, with the will annexed ; that an administrator, with the will annexed, has no authority…
1Opinion of the CourtHaNDY, J.
This was a petition filed in the Court of Probates of Yazoo county, by the guardian of Francis M. Lowe, seeking to recover the share of his deceased mother in the personal estate of Hiram Plagan, deceased, who died leaving a will, by which, it is alleged, he bequeathed his estate to his widow and children. The widow subsequently married a second husband, and died leaving Francis M. Lowe, her only child of that marriage, and the petition is filed in his behalf to recover her interest claimed under the will.
The claim of the petitioner depends upon the provisions of the will, which are as…
2Cited by4 opinions
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