Gibbons v. Brittenum
Mississippi Supreme Court
Appeal from the Chancery Court of Marshall Comity. Hon. A. B. Fly, Chancellor. The only question presented by the record in this case is, whether the property of a husband dying without children, or descendants of children, after the Code of 1871 took effect, but prior to the statute of April 15, 1876, upon this subject, should go wholly to-the widow, to the exclusion of the brothers and sisters of the decedent, or whether she should only take one half, and they the other…
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Appeal from the Chancery Court of Marshall Comity. Hon. A. B. Fly, Chancellor. The only question presented by the record in this case is, whether the property of a husband dying without children, or descendants of children, after the Code of 1871 took effect, but prior to the statute of April 15, 1876, upon this subject, should go wholly to-the widow, to the exclusion of the brothers and sisters of the decedent, or whether she should only take one half, and they the other half, of the estate. The chancellor decided that the widow was entitled to the whole estate. The statutory .provisions…
1Opinion of the Court
The judges delivered opinions seriatim.
Chalmebs, J.
Under the Code of 1871, unmodified by sect. 25 of the act revising chap. 9 of said Code (Sess. Acts 1876, pp. 178-*240194), what interest, if any, clo the brothers and sisters of an intestate take in his estate when he leaves no children .nor descendants of children, but does leave a widow surviving him?
By sect. 1948 of said Code, it is declared that the whole of the lands and tenements of any person dying intestate, leaving no children, nor descendants of them, shall descend to his brothers and sisters, or, in default of these, to certain…
2Cases cited5 opinions
- Swann v. BuckMississippi Supreme Court · 1866
- City & County of Sacramento v. BirdCalifornia Supreme Court · 1860
- Elliott v. LochnaneSupreme Court of Kansas · 1862
- Ham v. State ex rel. WilliamsIndiana Supreme Court · 1844
- Bridgeforth v. MaxwellMississippi Supreme Court · 1869
3Cited by13 opinions
- W. S. Forbes & Co. v. Southern Cotton Oil Co.Supreme Court of Virginia · 1921
- Lambert v. Bd. Trustees Public LibraryCourt of Appeals of Kentucky · 1913
- Western Beverage Co. v. Hansen Et Ux.Utah Supreme Court · 1939
- State ex rel. Village of Excelsior v. District CourtSupreme Court of Minnesota · 1909
- American Bank v. . GossNew York Court of Appeals · 1923
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