Johnson v. Cooper
Mississippi Supreme Court
Eeeoe to the Circuit Court of Holmes County. Hon. William Cothran, Judge. James A. Cooper died in 1856, leaving a last will and testament, which contained, amongst others, the following items: “2. I devise and bequeath to my wife, Mary J. Cooper, all of the property of which I shall die seized and possessed, or be entitled to,- to have, hold, and use the same during her life or widowhood, in trust for the support and maintenance of herself and my children; the property not'…
Read the full summary
Eeeoe to the Circuit Court of Holmes County. Hon. William Cothran, Judge. James A. Cooper died in 1856, leaving a last will and testament, which contained, amongst others, the following items: “2. I devise and bequeath to my wife, Mary J. Cooper, all of the property of which I shall die seized and possessed, or be entitled to,- to have, hold, and use the same during her life or widowhood, in trust for the support and maintenance of herself and my children; the property not' to be liable for her contracts, except the income. 3. If my wife should marry, I wish my property divided equally…
1Opinion of the CourtCampbell, J.
The fact that the land, or some part of it, was exempt from execution in the lifetime of the testator did not render the order of the Probate Court to sell it void. - rior to the act of October 20, 1852 (Sess. Acts, p. 66), reí. estate exempt from execution was not longer exempted after the death of the owner; but by that act all property exempt from execution, “upon the death of the husband, dying intestate,” yvas made to descend to the widow and children, as therein pro*615vided. In this case, the husband did not die intestate, and his property was not affected by the act cited.
The widow and…
2Cases cited6 opinions
- Henderson v. HerrodMississippi Supreme Court · 1852
- Learned v. MatthewsMississippi Supreme Court · 1866
- Redus v. HaydenMississippi Supreme Court · 1871
- M'Allister v. MoyeMississippi Supreme Court · 1855
- Mitchell v. HarrisMississippi Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Everett v. WingSupreme Court of Vermont · 1931
- Allen v. MartinMississippi Supreme Court · 1883
- In re Schenk's EstateUtah Supreme Court · 1919
- Rule v. BroachMississippi Supreme Court · 1880
- Wirtz v. GordonMississippi Supreme Court · 1938