Brasfield v. French
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. The appellants, who hold a certificate of deposit of the banking house of Adams, Spratt & Co. issued after Adams’s death, filed this bill against Mrs. French, his executrix and residuary legatee, and Spratt his sole surviving partner, setting out the will and a chancery decree without notice, discharging the executrix and giving her all the testator’s estate, and praying that the assets of the…
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Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. The appellants, who hold a certificate of deposit of the banking house of Adams, Spratt & Co. issued after Adams’s death, filed this bill against Mrs. French, his executrix and residuary legatee, and Spratt his sole surviving partner, setting out the will and a chancery decree without notice, discharging the executrix and giving her all the testator’s estate, and praying that the assets of the bank and Adams’s entire estate be subjected, or that appropriate relief be given. A demurrer was sustained with leave to…
1Opinion of the CourtCooper, J.
The testator, by directing the continuance of the business of banking, in which he had been interested during his life, did not render liable to the subsequent creditors of the bank the general assets of his estate. It may be true, as urged by counsel for the appellants, that the principal object which the testator had in view in making his will was to provide for the continued prosecution of the business, and that he looked to the property therein invested, and the profits to be therefrom derived, as the principal source whence the legacies given by him were to be realized; and that the…
2Cases cited5 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Hunt v. PotterMississippi Supreme Court · 1880
- Pollock v. BuieMississippi Supreme Court · 1870
- Netterville v. BarberMississippi Supreme Court · 1876
- Newman v. MorrisMississippi Supreme Court · 1876
3Cited by6 opinions
- Williams v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1915
- In Re Estate of RootIndiana Court of Appeals · 1950
- B. F. Avery & Son v. Myers, Houseman & Co.Mississippi Supreme Court · 1882
- M. Eisenstadt Jewelry Co. v. Mississippi Valley Trust Co.Missouri Court of Appeals · 1897
- Barr v. SullivanMississippi Supreme Court · 1897
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