Branton v. Buckley
Mississippi Supreme Court
Appeal from the chancery court of Jefferson Davis county. Hon. G. G. Lyell, Chancellor. Suit by Hugh Branton et al. against B. B. Buckley et al. From a decree dismissing the bill, complainants appeal. The facts are fully stated in the opinion of the court. We submit that the question to be determined by this court is the same as that we have stated was determined by the chancellor in deciding the demurrer in this case.
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Appeal from the chancery court of Jefferson Davis county. Hon. G. G. Lyell, Chancellor. Suit by Hugh Branton et al. against B. B. Buckley et al. From a decree dismissing the bill, complainants appeal. The facts are fully stated in the opinion of the court. We submit that the question to be determined by this court is the same as that we have stated was determined by the chancellor in deciding the demurrer in this case. It is this: Whether the direction of the will to the effect “after her (the testator’s widow) death, that is to be divided share and share alike to my brothers and sisters, ’ ’…
1Opinion of the CourtSmith, J.
Appellants, the heirs at law of Emily B. Ferrell, deceased, formerly Emily B. Wylie, filed their bill in the court below to establish their claim to an interest in, and praying for a partition of, certain land. From a decree dismissing the bill, this appeal is taken.
The land in controversy was devised by William M. Wylie to his wife for life, with remainder to his brothers and sisters; the language of his will being as follows: “To my beloved wife, I give, bequeath, and devise one-half of my real estate, to-wit: [Here describing same], and all the appurtenances situated thereon. And that she…
2Cited by15 opinions
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- Weissinger v. SimpsonMississippi Supreme Court · 2003
- Byrd v. WallisMississippi Supreme Court · 1938
- Dailey v. HoustonMississippi Supreme Court · 1963
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