Mississippi Supreme Court, 1907

O'Reilly v. McGuiggan

O'Reilly v. McGuiggan
Mississippi Supreme Court · Decided October 15, 1907 · Cali, Ioon
91 Miss. 498; 44 So. 968

O'Reilly v. McGuiggan

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.