Legal Opinion

Jones v. Somerville

Mississippi Supreme Court

Decided October 15, 1900PublishedCited by 5 opinions

From the chancery court of Leflore county. Hon. A. MoC. Kimbrough, Chancellor. Mrs. Jones, appellant, was the complainant and Mrs. Somerville, appellee, was defendant in the court below. From a decree dismissing her bill the complainant appealed to the supreme court. The opinion of the court fully states the facts. Under the laws of this state, and most of the other states, a husband cannot disinherit his wife, either directly or indirectly.

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From the chancery court of Leflore county. Hon. A. MoC. Kimbrough, Chancellor. Mrs. Jones, appellant, was the complainant and Mrs. Somerville, appellee, was defendant in the court below. From a decree dismissing her bill the complainant appealed to the supreme court. The opinion of the court fully states the facts. Under the laws of this state, and most of the other states, a husband cannot disinherit his wife, either directly or indirectly. This is clearly shown by § 4496, code 1892, wherein power is given the wife to renounce the provisions made for her in the will of her husband if she be…

1Opinion of the CourtCalhoon, J.

Mrs. Jones seeks cancellation of a voluntary conveyance made by her husband, S. B. Jones, a few months before his death, to the appellee, Mrs. Somerville, a daughter of a former marriage, by which he gave her real estate in value equal to about two-thirds of his entire fortune. This conveyance, the bill charges, was executed secretly, without the wife’s knowledge, and held by the grantee, Mrs. Somerville, until a day or two after Mr. Jones died, when she filed it for record on the day of her father’s funeral. This conveyance reserves to Mr. Jones, the grantor, the ‘‘possession, income and…

2Cases cited1 opinion

  1. Jiggitts v. JiggittsMississippi Supreme Court · 1866

3Cited by5 opinions

  1. Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
  2. Bosma v. HarderOregon Supreme Court · 1919
  3. Poole v. PooleSupreme Court of Kansas · 1915
  4. Bodner v. FeitAppellate Division of the Supreme Court of the State of New York · 1936
  5. Glass v. GlassMississippi Supreme Court · 1956

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