Lowry v. McMillan
Mississippi Supreme Court
Appeal from the Court of Probates of Franklin county. Hon. James M. Jones, judge. At the December Term, A.D. 1856, of the court below, the appellant, Lowry, filed his petition against McMillan, the administrator, and also against the widow of Thaddeus J. Maxwell, deceased, praying for distribution of his estate.
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Appeal from the Court of Probates of Franklin county. Hon. James M. Jones, judge. At the December Term, A.D. 1856, of the court below, the appellant, Lowry, filed his petition against McMillan, the administrator, and also against the widow of Thaddeus J. Maxwell, deceased, praying for distribution of his estate. The petition charged that the administrator had made a fraudulent, and pretended final settlement, upon notice to the widow alone, who was bis daughter, and bad distributed to her the whole of the estate, although he well knew that the petitioner was one of the distributees of said…
1Opinion of the CourtEisheR, J.
This was a petition, filed by the appellant in the Probate Court of Franklin county, alleging that he is the next of kin of Thaddeus *152J. Maxwell, deceased. That the appellee qualified as administrator on said estate. That he made a pretended final settlement, without giving notice to the petitioner. That the administrator distributed the whole estate to the widow of the deceased, when, under the law, she was only entitled to one-half of the same. The widow and the administrator are made parties to the petition; and the prayer is, that distribution be made according to law.
The defendants…
2Cited by7 opinions
- Johnson v. HowellMississippi Supreme Court · 1991
- Shepherd v. TownsendMississippi Supreme Court · 1964
- Beeks v. RyeMississippi Supreme Court · 1899
- Hoover v. BremMississippi Supreme Court · 1871
- Isom v. Heirs of McGeheeMississippi Supreme Court · 1871
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