Hubbard v. Selser
Mississippi Supreme Court
Plaintiffs in error assigned the following errors : 1st. The court below erred in deciding that Eugene A. Selser, by the 4th paragraph of the will of Isaac N. Selser, took only a life estate in the lands in controversy. 2d. The court erred in deciding that the defendant, Jas. M. Selser, took either for himself or his children, the estate of Eugene A. Selser. 3d. The court erred in dismissing the petition of the plaintiffs in error.
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Plaintiffs in error assigned the following errors : 1st. The court below erred in deciding that Eugene A. Selser, by the 4th paragraph of the will of Isaac N. Selser, took only a life estate in the lands in controversy. 2d. The court erred in deciding that the defendant, Jas. M. Selser, took either for himself or his children, the estate of Eugene A. Selser. 3d. The court erred in dismissing the petition of the plaintiffs in error. The only controversy is the purely legal question arising on the purely legal construction of the fourth paragraph of the will of Isaac N. Selser, the ancestor of…
1Opinion of the Court
Peytoít, C. J.:
It appears from the record in this case, that Sidney H. Hubbard, and Hellen his wife, and LyttletonH. Johnson, and Margaret his wife, filed their petition in the probate court of Hmds county, on the 6th day of May, 1867, for a partition of certain lands in said county among the heirs of Eugene A. Selser, deceased.
The petition alleges that the said Eugene A. Selser died intestate in the year 1862, sole, unmarried and without children, leaving no brother or sister of the whole blood surviving him, nor descendants of any, and leaving the following brothers aud sisters of the…
2Cited by3 opinions
- Henry v. HendersonMississippi Supreme Court · 1912
- Everett v. DockeryMississippi Supreme Court · 1948
- Tippin v. ColemanMississippi Supreme Court · 1882