Marshall v. Stratton
Mississippi Supreme Court
From the circuit court of Adams county. Hon. Mgyse H. Wilkinson, Judge. Mrs. Marshall and another, administrators de boms non of the estate of Mary Louise Williams, deceased, appellants, were plaintiffs in the court below; Sydney Y. Stratton and others, ap-pellees, were defendants there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court.
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From the circuit court of Adams county. Hon. Mgyse H. Wilkinson, Judge. Mrs. Marshall and another, administrators de boms non of the estate of Mary Louise Williams, deceased, appellants, were plaintiffs in the court below; Sydney Y. Stratton and others, ap-pellees, were defendants there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The plaintiffs as administrators, sued the defendants in re-plevin to recover designated household furniture claimed by plaintiffs as having been the property of their testatrix. It was shown that the furniture had belonged to…
1Opinion of the CourtWhiteield, C. J.
■We think the right result has been reached in this case. It is true that the testimony of Mrs. Wheeler to the effect that Mrs. Stratton and Miss Louise Williams agreed that if Miss Williams died first Mrs. Stratton should have the property, and if Mrs. Stratton died first Miss Williams should have the property, does not establish a gift inter vivos. Wilson v. Jourdan, 79 Miss. 133, 29 South. 823. It was in itself a futile effort to make a parol will. The alleged gift was not to take effect in prcesenti> and was not unconditional or irrevocable. But Miss Williams, by her will, bequeathed this…
2Cases cited1 opinion
- Wilson v. JourdanMississippi Supreme Court · 1901
3Cited by1 opinion
- Harmon v. McFarlaneMississippi Supreme Court · 1924