Commentary on In re Will of Moses, 227 So.2d 829 (Miss. 1969)

In formulating a feminist judgment that would have allowed Moses and future testators outside of the societal mainstream their agency, Belian weaves together teachings from each of feminism’s three dominant waves. She recalls that the right of women to hold and convey property pushed against the prevailing notion that women had no economic interests or agency of their own and were subordinate to their husbands in all such matters. She identifies and rejects the sex stereotyping that would recast Moses as one easily swayed and in need of paternalistic oversight, and she calls out the forces that would punish Moses for not playing her culturally expected feminine role in life. Finally, by acknowledging the intersectionality at play in Moses’ experience, Belian draws from the third wave of feminist activism and theory, recognizing that multiple identities may constitute one’s individual experience of living in society as a woman. Her opinion, had it been published in 1969 Mississippi, likely would have caused a stir in judicial circles seemingly insulated from the rising tide of the women’s rights movement. Or it might have stirred a revolution, moving toward a less subjective jurisprudence of undue influence, to the considerable benefit of the many “others” to follow.