Calhoun v. Rail
Mississippi Supreme Court
In error from the probate court of Claiborne county; Hon. James A. Maxwell, probate judge of Claiborne county. On the 25th May, 1846, Christiana M. Rail and Calista Julia Rail, infants, by M. N. Hulbert, their next friend, filed their petition in the probate court of Claiborne county, showing that John Rail, their father, had devised to Mary Hume, their sister, a tract of land for her life; and at her death, without issue, the said land was devised to the surviving children…
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In error from the probate court of Claiborne county; Hon. James A. Maxwell, probate judge of Claiborne county. On the 25th May, 1846, Christiana M. Rail and Calista Julia Rail, infants, by M. N. Hulbert, their next friend, filed their petition in the probate court of Claiborne county, showing that John Rail, their father, had devised to Mary Hume, their sister, a tract of land for her life; and at her death, without issue, the said land was devised to the surviving children of said John Rail. That said Rail also bequeathed to said Mary Hume, and to the children of his deceased son-in-law, E.…
1Opinion of the CourtJustice Handy
It appears by the record that the probate court on petition, appointed commissioners to divide certain lands and slaves belonging to the estate of John Rail, deceased, according to his will, among the devisees and legatees. Upon the return of the report of the commissioners to the probate court, the plaintiffs in error, who were parties in the division, filed exceptions to the report, which were overruled and the report confirmed, and thereupon the matter is brought here by writ of error.
The first ground of exception is, that the commissioners having been appointed to divide both lands and…
2Cited by2 opinions
- Hoerr v. HoerrSupreme Court of Minnesota · 1917
- Updike v. AdamsSupreme Court of Rhode Island · 1902