Legal Opinion

Young v. McKinnie

Supreme Court of Florida

Decided August 15, 1854PublishedCited by 10 opinions

Appeal from Circuit Court, Jackson County. Tbe original bill was filed by Eicbard McKinnie, by bis next friend, Henry McKinnie, and on bis death the cause was revived by said Henry McKinnie, as his administrator. The facts as .they appear from the bill, answer, depositions, &c., are as follows. Barney McKinnie, father of Kichard McKinnie, died in the fall of 1833, leaving .a will, as follows : * * * * “ To wit, Imprimis.

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Appeal from Circuit Court, Jackson County. Tbe original bill was filed by Eicbard McKinnie, by bis next friend, Henry McKinnie, and on bis death the cause was revived by said Henry McKinnie, as his administrator. The facts as .they appear from the bill, answer, depositions, &c., are as follows. Barney McKinnie, father of Kichard McKinnie, died in the fall of 1833, leaving .a will, as follows : * * * * “ To wit, Imprimis. It is my will and desire that my property, including lands, tenements, negroes, horses and stock of every kind, and everything of value that I may (lie seized and possessed…

1Opinion of the CourtDouglas, J.

This case was brought up by appeal from the Circuit Court of Jackson County, taken pursuant to the provision of the Sd section of the act of the last session of our General Assembly, (see Pamplet Laws, 101,) and the first question presented for our consideration, is whether the legacy to Elizabeth Washington McKinnie, under the will of Barney McKinnie, was as to the personalty a vested legacy; and we think it was, and that at her death it passed to Bichard McKinnie, as her sole heir and distributee. The words of the will are : “It is my will and desire that my property, including lands,…

2Cited by10 opinions

  1. Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
  2. Herrick v. MillerWashington Supreme Court · 1912
  3. Bushnell v. DennisonSupreme Court of Florida · 1869
  4. Pinkston v. PinkstonCourt of Appeals of Texas · 1935
  5. Mossler Acceptance Co. v. PerlmanSupreme Court of Florida · 1950

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