Legal Opinion

Crawford v. Redus

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 6 opinions

Appeal from tbe Chancery Court of Monroe County. Hon. O. H. Whitfield, Chancellor. Mrs. Crawford, the appellant, was one of the residuary legatees under the will of her father, Aaron Redus, deceased, wherein her husband, Milton Crawford, William Redus and J. W. Baker were named as executors. Crawford refusing to act, letters testamentary were issued to Redus and Baker.

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Appeal from tbe Chancery Court of Monroe County. Hon. O. H. Whitfield, Chancellor. Mrs. Crawford, the appellant, was one of the residuary legatees under the will of her father, Aaron Redus, deceased, wherein her husband, Milton Crawford, William Redus and J. W. Baker were named as executors. Crawford refusing to act, letters testamentary were issued to Redus and Baker. It was claimed by Mrs. Crawford that on a proper statement of the residuary fund for the ascertainment of the shares of the several legatees, her share would be such as to leave a balance thereof still unpaid, and that evidence…

1Opinion of the CourtChalmers, J.

The executors of Aaron Redus, in propounding their final *702settlement, prayed process for all the heirs and legatees, including Mrs. Mary Crawford and her husband, Milton Crawford. There is nothing in the record to show that process ever issued, save a recital in the final decree, that “ all persons interested in said estate have been, either by citation regularly served and returned, or by publication regularly made and proved, notified to appear.” At a term subsequent to that at which this decree was rendered, Mrs. Crawford (against whom judgment for $2,198 had been entered in the final…

2Cases cited3 opinions

  1. Anderson v. GreggMississippi Supreme Court · 1870
  2. Dogan v. BrownMississippi Supreme Court · 1870
  3. Nichols v. DennyMississippi Supreme Court · 1859

3Cited by6 opinions

  1. Cocks v. SimmonsMississippi Supreme Court · 1879
  2. Duncan v. GerdineMississippi Supreme Court · 1882
  3. Lidgate v. DanfordHawaii Supreme Court · 1916
  4. McKinney v. AdamsMississippi Supreme Court · 1909
  5. Sadler v. Trustees of Prairie LodgeMississippi Supreme Court · 1882

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