Christopher v. Cox

Mississippi Supreme Court

Christopher v. Cox

25 Miss. 162

DecidedOctober 15, 1852

StatusPublished

This text of 25 Miss. 162 (Christopher v. Cox) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Christopher v. Cox, 25 Miss. 162 (Mich. 1852).

Pincite

Opinion

Mr. Justice Fisher

delivered the opinion of the court.

This was a petition filed in the probate court of Choctaw county, to revoke the letters- testamentary, granted to the defendant in error on the last will and testament of Daniel Cox, deceased, on the ground, that the defendant was not twenty-one years of age at the time of his qualification in court. The language of the petition bearing on this part of the case, is in these words: “Said testator also directed, that his son Daniel Cox, then living, should become joint executor with the said Elihue Cox, when he, the said Daniel, should become of age.” The statute says, that “ the age of eighteen years shall be considered the age of majority of an executor, &c., named in any last will and'testament.” Revised Code, 38. The statute settles the question against the petitioners.

Decree, dismissing petition affirmed.

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Mr. Justice Fisher

delivered the opinion of the court.

This was a petition filed in the probate court of Choctaw county, to revoke the letters- testamentary, granted to the defendant in error on the last will and testament of Daniel Cox, deceased, on the ground, that the defendant was not twenty-one years of age at the time of his qualification in court. The language of the petition bearing on this part of the case, is in these words: “Said testator also directed, that his son Daniel Cox, then living, should become joint executor with the said Elihue Cox, when he, the said Daniel, should become of age.” The statute says, that “ the age of eighteen years shall be considered the age of majority of an executor, &c., named in any last will and'testament.” Revised Code, 38. The statute settles the question against the petitioners.

Decree, dismissing petition affirmed.

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Bluebook (online)

25 Miss. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-v-cox-miss-1852.