Owens v. Waddell
Mississippi Supreme Court
From the chancery court of Holmes county. Host. James F. McOool, Chancellor. - The appellee, Mrs. Waddell, was the complainant or petitioner in the court below; the appellants, Owens and others, executors, were defendants there. From a decree in favor of the complainant or petitioner the defendants appealed to the supreme court. One Albert G. Owens died March 7, 1905, leaving neither children nor descendants of children.
Read the full summary
From the chancery court of Holmes county. Host. James F. McOool, Chancellor. - The appellee, Mrs. Waddell, was the complainant or petitioner in the court below; the appellants, Owens and others, executors, were defendants there. From a decree in favor of the complainant or petitioner the defendants appealed to the supreme court. One Albert G. Owens died March 7, 1905, leaving neither children nor descendants of children. He owned at the time of his death considerable property, most of which he had inherited from his wife, who died several years before. His will, which was duly probated, named…
1Opinion of the CourtTruly, J.
We see no reason to disturb the decree of the chancellor. The point pressed here with much force that the chancellor was without power to entertain such proceeding and render a decree therein in vacation was not presented with sufficient clearness by the demurrer to require the chancellor to postpone the hearing to a later date in-the absence of any request to that effect. The first ground of the demurrer avers want of jurisdiction in the court generally, denying the power of the court to entertain the petition, not because the hearing was in vacation, but by reason of a lack of power to…
2Cited by1 opinion
- Dickerson v. DickersonMississippi Supreme Court · 1963