Cooper v. Cooper
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. E. W. Williamson, Chancellor. The facts are stated in the opinion. Mr. Justice Cooper, being a party to the suit, and Mr. Justice Campbell, being related to some of the parties in interest, took no part in the decision. The case was heard by a special court composed of Mr. Justice Chalmers and Messrs. Ed.
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Appeal from the Chancery Court of Holmes County. Hon. E. W. Williamson, Chancellor. The facts are stated in the opinion. Mr. Justice Cooper, being a party to the suit, and Mr. Justice Campbell, being related to some of the parties in interest, took no part in the decision. The case was heard by a special court composed of Mr. Justice Chalmers and Messrs. Ed. Clark and S. S. Calhoon, special judges. 1. The statute of limitations cannot be invoked by an executor against the claim of a legatee. Angelí on Lim., § 90; Thompson v. MeGaw, 2 Watts (Pa.) 161; FaulJc v. Brown, 2 Watts 209. And this,…
1Opinion of the Court
Ed. Clark, Special Judge,
delivered the opinion of the court.
Timothy T. Cooper died in Holmes County in February, 1867, leaving a will dated May 17, 1864, by which he devised the principal portion of his estate to his brother, Joseph W. Cooper, whom he appointed his executor. The latter probated the will and qualified as executor in April, 1867. The will directs that the testator’s debts and funeral expenses shall be paid as speedily as possible after his death out of any money which may come into the .hands of the executor from any portion of his estate, real or personal. It then makes sundry…
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