Gilliam v. Chancellor

Citations

• 43 Miss. 437

Syllabus

<p>1. Chanceby Court — Jubisdiction.—Where the chancery court can afford complete and adequate remedy, and, by one litigation and decree, adjudicate the rights of the parties, it may take jurisdiction over the entire subject matter, and if necessary, enjoin a.party from proceeding in a suit in the probate court, when such suit only embraces part of the subject.</p> <p>2. Same — Legacies—Ante-Nuptial Contracts. — Where the widow claimed under an ante-nuptial contract, and also under the will of the husband. It is competent for the chancery court in a controversy whether the legacy is in satisfaction of the contract, to enjoin a suit in the probate court for the legacy, and to draw to itself cognizance over both subjects.</p> <p>3. Legacies — Ademftion and Satisfaction — Presumptions—If the benefit to the donee be different in “ species ” or of less value, the presumption of satisfaction will not arise; and such presumption may he repelled by the acts and declarations of the testator. Story Eq., § 1102. But the presumption in equity is against double portions.</p> <p>4. Same — 'Wills—Evidence—Whether the legacy (according to many authorities) was in performance, and satisfaction of an antecedent covenant, or was a gift, might be proved by extrinsic evidence, or gathered from the face of the will.</p> <p>5. Ademption — Tendency of Modebn Adjudications. — The tendency of modern eases is not to push the doctrine of presumption, satisfaction or ademption further. Many courts question its propriety, and accept and act upon it as a rule of equity, resting on a weight of authority, not to be departed from.</p> <p>6. Wills — Consteuction—Evidence.—If a will itself, fairly interpreted, expresses the testator’s mind on the subject, then the necessity to resort to extraneous aid does not arise.</p> <p>7. Same. — In the construction of wills it is always competent to prove, by parol, the situation and surroundings of the testator as respects his family and property.</p> <p>8. Sam