Cozine v. Grimes
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. Nathan C. Hill, Chancellor. Benjamin H. Grimes, administrator of the estate of Brandon, appellee, instituted the suit in the court below. The appellants were defendants there. Brandon died intestate, leaving a widow and an infant child, each being entitled to inherit one-half of his estate. He left two policies of life insurance, aggregating $5,000, payable to his executor or administrator.
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From the chancery court of Lauderdale county. Hon. Nathan C. Hill, Chancellor. Benjamin H. Grimes, administrator of the estate of Brandon, appellee, instituted the suit in the court below. The appellants were defendants there. Brandon died intestate, leaving a widow and an infant child, each being entitled to inherit one-half of his estate. He left two policies of life insurance, aggregating $5,000, payable to his executor or administrator. His life was also insured in his wife’s favor for $3,000, which she collected soon after her husband’s death. The heirs claimed that the entire insurance…
1Opinion of the CourtWhitfield, J.
This case has given us great trouble in view of the language of § 1964 and § 1965, code of 1892, and the fact of there being two heirs. One is provided for otherwise to the extent of $3,000 and one is not provided for otherwise at all. In a case like this one, where the decedent has left insurance policies payable to his executor or administrator to the amount of five thousand dollars, and also insurance otherwise, payable to some but not to all his heirs, the two sections, 1964 and 1965, must be construed together. Section 1965 operates as a check upon § 1964 and so as to work out the…
2Cases cited1 opinion
- Jones v. PattyMississippi Supreme Court · 1895
3Cited by5 opinions
- Lamar Life Ins. v. MoodyMississippi Supreme Court · 1920
- Mutual Benefit Life Insurance v. WilloughbyMississippi Supreme Court · 1910
- Equitable Life Assurance Co. v. Union Planters Bank of Northeast Mississippi (In Re Jordan)United States Bankruptcy Court, N.D. Mississippi · 2000
- Johnson v. BaconMississippi Supreme Court · 1907
- Magee v. Bank of Hattiesburg & Trust Co.Mississippi Supreme Court · 1923