Carradine v. Estate of Carradine
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. George Wood, Chancellor, by interchange with Hon. F. A. Critz. The case is stated in the opinion of the court. 1. We think there is no doubt that the administrator was entitled to a jury trial. It was regulated by statute, under the Probate Court practice. Dig. 1839, p. 227, sects. 88,89; How. & Hutch.
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Appeal from the Chancery Court of Clay County. Hon. George Wood, Chancellor, by interchange with Hon. F. A. Critz. The case is stated in the opinion of the court. 1. We think there is no doubt that the administrator was entitled to a jury trial. It was regulated by statute, under the Probate Court practice. Dig. 1839, p. 227, sects. 88,89; How. & Hutch. Code, 404, sects. 67, 68; Code 1848, p. 663, sect. 89 ; Code 1857, pp. 441, 442, arts. 74, 79. Under these statutes, cases similar to the one at bar have always been held to be “ peculiarly appropriate ” for a jury. Compton v. Compton, 6 Smed.…
1Opinion of the CourtChalmers, C. J.
Thomas G. Carradine, administrator of his deceased brother, Bird Carradine, omitted in his final settlement to account for $671 of Mexican coinage which he was known to have in his possession, and which the distributees claimed as belonging to the estate of the decedent, but which he asserted was his own property. The chancellor sustained an exception to his account based on such omission, and compelled him to account for the money : and from this, decree he appeals. His title to the money rests upon an alleged gift of it to himself by his deceased brother, and the validity of the gift…
2Cases cited4 opinions
- Wyble v. McPhetersIndiana Supreme Court · 1875
- Lydia Allen v. . CowanNew York Court of Appeals · 1861
- Waring v. EdmondsCourt of Appeals of Maryland · 1857
- Rinker v. RinkerIndiana Supreme Court · 1863
3Cited by17 opinions
- Tillotson v. AndersMississippi Supreme Court · 1989
- Branaman v. Long Beach Water Mgmt. Dist.Mississippi Supreme Court · 1999
- Thomas v. First National BankSupreme Court of Virginia · 1936
- Goodrich's Exr. v. Rutland Savings BankSupreme Court of Vermont · 1908
- Howell v. OttMississippi Supreme Court · 1938
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