Legal Opinion

Borodofski v. Feld

Mississippi Supreme Court

Decided April 15, 1906PublishedCited by 2 opinions

From the chancery court of AVarreu county. Hon William P. S. Ventress, Chancellor. Miss Borodofski, the appellant, was complainant or petitioner in the court below; Feld, administrator of the estate of Joseph Emmons, deceased, the appellee, was defendant there. From a decree in defendant’s favor the complainant or petitioner appealed to the supreme court.

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From the chancery court of AVarreu county. Hon William P. S. Ventress, Chancellor. Miss Borodofski, the appellant, was complainant or petitioner in the court below; Feld, administrator of the estate of Joseph Emmons, deceased, the appellee, was defendant there. From a decree in defendant’s favor the complainant or petitioner appealed to the supreme court. Miss Borodofski obtained a judgment against Feld, administrator, which she was unable to collect without the aid of'the chancery court; she therefore filed her petition in that court, showing the facts and charging that the administrator…

1Opinion of the Court

Oalhoon, J\,

delivered the opinion of the court.

The sole contention of appellant is that, under Annotated Code 1892, ch. 45, § 1965, and § 41, ch. 59, p. 79, Acts 1902, the proceeds of a life insurance policy, not exceeding $5,000, are not exempt to legatees under the will, if, as in this case, the legatees be nonresidents of this state. Tlie reliance to support this is on § 1986, ch. 45, Annotated Code 1892, which is this: “The exemptions in this chapter shall be allowed in favor of residents of this state only.” The testator, in the case of this record, was, when he made the will, and for…

2Cases cited4 opinions

  1. Turner v. TurnerMississippi Supreme Court · 1855
  2. Osburn v. SimsMississippi Supreme Court · 1884
  3. Norris v. CallahanMississippi Supreme Court · 1881
  4. Meacham v. EdmonsonMississippi Supreme Court · 1877

3Cited by2 opinions

  1. State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
  2. Paxton v. PaxtonMississippi Supreme Court · 1969

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