Legal Opinion

Pace v. Pace

Mississippi Supreme Court

Decided March 15, 1914PublishedCited by 17 opinions

Appeal from tbe cliancery court of Monroe county. Hon. J. Q. Robins, Chancellor. Suit by II. P. Pace against W. M. Pace and others. Prom a decree dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court.

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Appeal from tbe cliancery court of Monroe county. Hon. J. Q. Robins, Chancellor. Suit by II. P. Pace against W. M. Pace and others. Prom a decree dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court. "We will briefly treat the instrument as a deed of gift, 'inter vivos, and, in so doing, we must not be held to waive the argument heretofore made that the instrument is a valid conveyance, for a valuable consideration and definite end. In his evidence, appellant himself speaks of it as a deed of gift in one place, but however he may have defined it,…

1Opinion of the CourtCook, J.

Mrs. M. E. Peavey made a will December 5, 1899,. by which she devised all of her property, except some *297furniture and an organ, to W. M. and H. P. Pace, brothers, “jointly in fee simple.” Iier attorney, Gr. C. Paine, was named as executor of the will. On January 16, 1900, Mrs. Peavey executed and delivered to H. P. Pace the following written instrument:

“The State of.Mississippi, Monroe County.
“Know all by these presents, for and in consideration of one dollar paid to me, love, affection, and certain services rendered, have this day sold to H. P. Pace the following described property, to wit:…

2Cases cited2 opinions

  1. Jones v. WeakleySupreme Court of Alabama · 1892
  2. Ashbrook v. Ryon's adm'rCourt of Appeals of Kentucky · 1867

3Cited by17 opinions

  1. Ladner v. LadnerMississippi Supreme Court · 2004
  2. Clark v. BridgesSupreme Court of Georgia · 1927
  3. In Re Lewis' EstateMississippi Supreme Court · 1943
  4. In Re Estate of LaughterMississippi Supreme Court · 2009
  5. Simpkins v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1926

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