Cases Argued and Decided in the Supreme Court of Mississippi Volume 91 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... the executors to pay it, and it need not be probated. From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs. McGuiggan and her two children, appellees, were complainant in the court below, and Mrs. O'Reilly, the appellant, defendant there. From a decree in favor of the complainants the defendant appealed to the supreme court. Several years before his death one John R. M. O'Reilly, being sued by Mrs. McGuiggan for slander, compromised the case with her, agreeing to provide in his last will and testament for the payment at his death of $1,000 to her and $2,000 to each of her two children. In fulfilment of the compromise, O'Reilly, who was at the time unmarried, added to his will the following codicil: "Codicil 2. For a good and valuable consideration, not necessary to be named here, I give unto Missouri McGuiggan one thousand dollars, and to Mary and Ellen McGuiggan, her daughters, the sum of two thousand dollars each. The gifts are based upon a valuable consideration, and I therefore covenant and agree with said devisees that they shall be and remain irrevocable by me, it being my purpose, upon the execution of this instrument and the delivery of the same to my executors, that the said Missouri, Mary, and Ellen McGuiggan shall become vested with an interest in presenti in and to said sums, to be paid to them upon my death, and I hereby instruct my Brief for appellant. executors to pay said sums, respectively, to the said Missouri, Mary, and Ellen McGuiggan as soon after my death as possible, said sums to be absolutely paid by said executors and are not to be prorated with any bequests or legacies of my last will and testament, but are to be a charge upon my estate and to take precedence over any bequests which I have...