Gwin v. Gwin
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon Albert T. Woodward, Chancellor. Suit by J. D. Gwin against W. K. Gwin and others, executors of S. D. Gwin, deceased. From a decree for complainants, defendants appeal. This suit was filed in the chancery court of Holmes county for the purpose of obtaining the partition in kind of certain real and personal property, and also for the purpose of obtaining a construction by the court of the will of Samuel D. Gwin.
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Appeal from the Chancery Court of Holmes County. Hon Albert T. Woodward, Chancellor. Suit by J. D. Gwin against W. K. Gwin and others, executors of S. D. Gwin, deceased. From a decree for complainants, defendants appeal. This suit was filed in the chancery court of Holmes county for the purpose of obtaining the partition in kind of certain real and personal property, and also for the purpose of obtaining a construction by the court of the will of Samuel D. Gwin. The facts and circumstances bearing on the case are set out in the opinion of the court. The will is as follows: “I, Samuel D. Gwin,…
1Opinion of the CourtCook, P. J.
S. D. Gwin, a resident of Holmes county, died testate in 1908, and his last will and testament was duly probated. This will was construed by this court in Gwin et al. v. Hutton et al., 100 Miss. 320, 56 So. 446, to which case reference is here made. The estate of the testator consisted of an undivided one-half interest in certain real estate. The owner of the other undivided one-half interest of this land was J. D. Gwin, son of the testator, and one of the executors and trustees named in the aforementioned will.
In the instant case J. D. Gwin filed a bill asking that the said real estate be…
2Cases cited1 opinion
- Gwin v. HuttonMississippi Supreme Court · 1911
3Cited by1 opinion
- Nolan v. City of ShreveportLouisiana Court of Appeal · 1927