Legal Opinion

Farve's Heirs v. Graves

Mississippi Supreme Court

Decided January 15, 1841Published

Appeal from the superior court of chancery. The bill in this case was filed by John Farve and others, the heirs and devisees of Simon Farve, deceased, against Isaac Graves and Celeste Graves, his wife, formerly Celeste Farve, the widow of Simon Farve, deceased, and against Richard Garrison.

Read the full summary

Appeal from the superior court of chancery. The bill in this case was filed by John Farve and others, the heirs and devisees of Simon Farve, deceased, against Isaac Graves and Celeste Graves, his wife, formerly Celeste Farve, the widow of Simon Farve, deceased, and against Richard Garrison. It averred that Simon Farve died in 1813, leaving a will made in New Orleans, appointing Amand Duplantier, sen., executor, who, on the 3d of January, 1814, gave bond to Thomas Anderson, chief justice of Hancock county, in the sum of ten thousand dollars, with Noel Jordan and John Bennett, securities.- That…

1Opinion of the CourtJustice Turner

This case comes before us by an appeal from the superior court of chancery, and the only question which we deem it necessary to decide, is the question of jurisdiction, raised by the general demurrer to the complainant’s bill. This was the question on which the Chancellor dismissed the bill. He decided under a mistaken view of the decisions of this court, then, recently made, and not maturely considered or fully understood.

The court of probate, it had been considered, had exclusive original jurisdiction in all matters of wills and testaments, of administration on the estates of deceased…

2Cases cited2 opinions

  1. Green v. BiddleSupreme Court of the United States · 1823
  2. Laight v. MorganCourt for the Trial of Impeachments and Correction of Errors · 1798

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API