Turner v. Turner
Mississippi Supreme Court
In error to the Probate Court of Lawrence county. Hon. John Dickinson, judge. The facts are sufficiently stated in the opinion of the court. 1. The Probate Court had no power, under the statute, to grant the petition of Jane Turner, nor to appoint commissioners to appraise the estate. 2. The widow having accepted the provisions of the will, is now barred from any further or additional allowance. Hutch.
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In error to the Probate Court of Lawrence county. Hon. John Dickinson, judge. The facts are sufficiently stated in the opinion of the court. 1. The Probate Court had no power, under the statute, to grant the petition of Jane Turner, nor to appoint commissioners to appraise the estate. 2. The widow having accepted the provisions of the will, is now barred from any further or additional allowance. Hutch. Code, 620; art. 1, §§ 45, 46, 47. B. The court erred in overruling the exceptions of James M. Turner, without hearing proof. 4. The estate being perfectly solvent, and the said Jane Turner…
1Opinion of the CourtHaNdy, J.
■ This was a petition filed in the Probate Court by the defendant in error, the widow of D. F. N. Turner, late of Lawrence county, deceased, praying for an allowance of one year’s provision out of his estate, and for such household furniture, and other articles belonging to the estate, as were exempt from execution, or for compensation for the same in money. Commissioners were appointed, who reported an allowance of $300, for one year’s provision, and $1131.25 for the value of furniture, and other personal property exempt from execution. The plaintiff in error, as executor, filed objections…
2Cases cited1 opinion
- Loury v. HerbertMississippi Supreme Court · 1852
3Cited by16 opinions
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