Hardy v. Richards
Mississippi Supreme Court
Appear from tbe chancery court of Lowndes county. Hon. J. F. McCoon, Chancellor. Suit for partition by D. D. Richards, guardian of Mrs. S. B. Hardy, against T. W. Hardy, executor of tbe estate of Cornelius Hardy, deceased. From an order allowing attorney fees tbe executor appeals. Tbe facts are fully stated in tbe opinion of tbe court.
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Appear from tbe chancery court of Lowndes county. Hon. J. F. McCoon, Chancellor. Suit for partition by D. D. Richards, guardian of Mrs. S. B. Hardy, against T. W. Hardy, executor of tbe estate of Cornelius Hardy, deceased. From an order allowing attorney fees tbe executor appeals. Tbe facts are fully stated in tbe opinion of tbe court. It was error to direct the special commissioner to. pay to Judge Newman Cayce and William Baldwin, solicitors for complainant, a solicitor’s fee of eight hundred dollars out of the joint funds of the said Mrs. Sallie Bibb Hardy and the said T. W. Hardy,…
1Opinion of the CourtReed, J.
The question for our decision in this case is whether the chancellor erred in allowing a fee of eight hundred dollars to solicitors for complainant, to be paid out of the proceeds of the sale of property in partition proceeding, and charging it against the interests of both parties.
Dr. Cornelius Hardy died on December 13, 1908, leaving a will in which he devised a large part of his estate ■ to Thomas W. Hardy, appellant herein, to be held in trust for the support of his widow, Mrs. Sallie Bibb Hardy, during her life; she being at the time confined in the asylum for the insane at Meridiaji. On…
2Cases cited5 opinions
- Walker v. WilliamsMississippi Supreme Court · 1904
- Hoffman v. SmithMississippi Supreme Court · 1884
- Neblett v. NeblettMississippi Supreme Court · 1893
- Hardy v. RichardsMississippi Supreme Court · 1910
- Bowles v. WoodMississippi Supreme Court · 1907
3Cited by5 opinions
- Dailey v. HoustonMississippi Supreme Court · 1963
- Blackmon v. BlackmonMississippi Supreme Court · 1977
- Brower v. Rosenbaum & LittleMississippi Supreme Court · 1921
- Parnell v. SmithMississippi Supreme Court · 1975
- Sutton v. SuttonMississippi Supreme Court · 1950