Hall v. Hall
Mississippi Supreme Court
In error from the circuit court of Lauderdale county; Hon. F. M. Rogers, judge. The opinion of the court contains a statement of the facts of the case. The right of the administrator to sue is undoubted. Lucas v. Lockhart, 10 S. & M. 473. An estate for life created by will, with remainder over after the termination of the particular estate, is properly sued for in the name of the administrator or executor. Story, Eq.
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In error from the circuit court of Lauderdale county; Hon. F. M. Rogers, judge. The opinion of the court contains a statement of the facts of the case. The right of the administrator to sue is undoubted. Lucas v. Lockhart, 10 S. & M. 473. An estate for life created by will, with remainder over after the termination of the particular estate, is properly sued for in the name of the administrator or executor. Story, Eq. PI. § 76,171, 217, n. 1. The provision of the will “that after the determination of the life-estate, the heirs shall take share and share alike,” is inoperative, as they take by…
1Opinion of the CourtJustice Fisher
This was an action of trover brought in the circuit court of Lauderdale county by the defendant in error, as administrator of John Hall, deceased, to recover of the plaintiff in error the value of a certain slave named Dixon and hire, alleged to have been the property of the deceased John Hall in his lifetime.
The main question presented for adjudication is, whether the testimony, as disclosed by the bill of exceptions, establishes a title in the defendant in error as administrator, or in the deceased, to the slave, and consequently a right to recover the value of the slave in this action.
The…
2Cited by2 opinions
- Andrews v. BrumfieldMississippi Supreme Court · 1856
- Clayton v. James B. Clow & SonsDistrict Court, N.D. Illinois · 1957