Legal Opinion

Lipscomb v. Postell ex rel. Van Vacter

Mississippi Supreme Court

Decided April 15, 1860PublishedCited by 25 opinions

Error to the Circuit Court of Madison county. Hon. E. Gr. Henry, judge. This was an action instituted in the name of the probate judge, for the use of Owen Yan Yacter and wife, against John Lipscomb, as surety of one A. A. McWillie, on his official bond as executor of Ann McWillie, deceased.

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Error to the Circuit Court of Madison county. Hon. E. Gr. Henry, judge. This was an action instituted in the name of the probate judge, for the use of Owen Yan Yacter and wife, against John Lipscomb, as surety of one A. A. McWillie, on his official bond as executor of Ann McWillie, deceased. The breach of the bond, assigned in the declaration, is the failure of said executor to comply with a finab order of the Court of Probates, directing said McWillie to deliver over to Mrs. Yan Yacter certain slaves and ether personal property bequeathed to her by the testatrix, or to pay the value thereof;…

1Opinion of the CourtHarris, J.

The question presented in this record seems never to have been directly decided in this court. It is therefore to be considered upon principle, with a view to the establishment of a just and uniform rule for future guidance.

The plaintiff in error is a surety on an executor’s bond. Judgment was rendered against the executor in the Probate Court, in favor of a legatee under the will, for certain slaves claimed to belong to the estate, or their alternate value. The executor failing to comply with the order and decree of the Probate Court, this suit is prosecuted against the plaintiff in error as…

2Cases cited3 opinions

  1. Douglass v. HowlandNew York Supreme Court · 1840
  2. Henderson v. CargillMississippi Supreme Court · 1856
  3. Singleton v. GarrettMississippi Supreme Court · 1851

3Cited by25 opinions

  1. McGregor v. Provident Trust Co.Supreme Court of Florida · 1935
  2. Winn-Dixie Stores, Inc. v. Dolgencorp, LLCCourt of Appeals for the Eleventh Circuit · 2014
  3. Grunert v. SpaldingWisconsin Supreme Court · 1899
  4. Holt Manufacturing Co. v. CollinsCalifornia Supreme Court · 1908
  5. H. Weston Lumber Co. v. Lacey Lumber Co.Mississippi Supreme Court · 1920

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