32 Miss. 266
Decided October 15, 1856
Mississippi Supreme Court · decided 1856-10-15
Hon. Stanhope Posey, chancellor. Eliza Bates, during her first marriage, had issue the three complainants. Her first husband died anterior to 1839. On the 28th of February, 1839, she intermarried with Richard Bates, one of the appellants, and in 1842, became possessed in her own right of certain slaves, by distribution from her father’s estate. Three children were the fruit of the marriage.
Cited by 1 later decisions — most recently June 1859
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1856-10-15
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¶1That all the children of the wife, though born of different marriages, are entitled to succeed to her separate estate, held under the Act of 1839, was settled in the case of Marshall v. King, 24 Miss. R. 90. We have seen no reason since to change the opinion then expressed.
¶2The decree is affirmed and the cause remanded, with leave to defendants to answer within sixty days.