Wade v. Grimes
Mississippi Supreme Court
IN ERROR from the probate court of the county of Yazoo. On the 15th of January, 1835, James Kirk made and published his last will and testament, in which he directed that if his wife should survive him and marry again, she should be entitled to share his estate in the same proportion as one of his children.
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IN ERROR from the probate court of the county of Yazoo. On the 15th of January, 1835, James Kirk made and published his last will and testament, in which he directed that if his wife should survive him and marry again, she should be entitled to share his estate in the same proportion as one of his children. The will was in the following language: “ It is my will that my estate, both real and personal, shall remain in common stock until my oldest child shall marry or become of age; then it shall be the duty of the probate court to appoint three suitable persons to value the estate and give…
1Opinion of the CourtJustice ClAyton
The facts present the case'of a woman who»was married three times. By the will of her first husband, Kirk; she was entitled to a share of personal estate. Her second husband, Carter, does not appear to have ever concerned with it in' any way. The third husband, Wade, survived the wife, and after her death filed his petition in the probate court against Grimeg, the defendant, who was the administrator with the will annexed of Kirk, for her portion of Kirk’s estate. The claim was resisted by the defendant, who opposed the right, of Carter, the second husband, to that of Wade. ' '
We have first…
2Cases cited6 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Ex Parte City BankSupreme Court of the United States · 1844
- Schuyler v. HoyleNew York Court of Chancery · 1821
- Gregory's Administrator v. Marks's AdministratorSupreme Court of Virginia · 1823
- Johnson v. WrenSupreme Court of Alabama · 1830
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