O'Reilly v. McGuiggan

Mississippi Supreme Court

O'Reilly v. McGuiggan

44 So. 968, 91 Miss. 498

CourtMississippi Supreme Court

DecidedOctober 15, 1907

StatusPublished

Cited by5 cases

This text of 44 So. 968 (O'Reilly v. McGuiggan) 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

O'Reilly v. McGuiggan, 44 So. 968, 91 Miss. 498 (Mich. 1907).

Pincite

Opinion

Cali-ioon, J.,

delivered tbe opinion of tbe court.

By the codicil No. 2 of the will the claim of appellee and her daughters is expressly recognized as a debt and charge on the estate, and an express trust is saddled on the executors to pay it, and it was therefore unnecessary to probate it, and the decree below is right. Gordon v. MacDougall, 84 Miss., 715; 37 South., 298; 5 L. R. A. (N. S.), 355, and the authorities cited in the opinion; 8 Ency. of Law, 1083, note 5; Abbay v. Hill, 64 Miss., 340; 1 South., 484.

Affirmed.

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Cali-ioon, J.,

delivered tbe opinion of tbe court.

By the codicil No. 2 of the will the claim of appellee and her daughters is expressly recognized as a debt and charge on the estate, and an express trust is saddled on the executors to pay it, and it was therefore unnecessary to probate it, and the decree below is right. Gordon v. MacDougall, 84 Miss., 715; 37 South., 298; 5 L. R. A. (N. S.), 355, and the authorities cited in the opinion; 8 Ency. of Law, 1083, note 5; Abbay v. Hill, 64 Miss., 340; 1 South., 484.

Affirmed.

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Bluebook (online)

44 So. 968, 91 Miss. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oreilly-v-mcguiggan-miss-1907.

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