Clark v. Hornthal
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hill, Chancellor. The opinions of Peyton, C. J., and Tarbell, J., contain a full statement of the case. 1. Had the executors, Lane and Lum, power under the will, if'both had qualified as executors, to make this sale, for the purpose of paying debts ? 2. Is a sale valid,'when only one executor had qualified, although both joined in the deed ? 1. The demurrer admits the allegation, that the sale was made to pay the debts of the…
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Appeal from the chancery court of Warren county. Hill, Chancellor. The opinions of Peyton, C. J., and Tarbell, J., contain a full statement of the case. 1. Had the executors, Lane and Lum, power under the will, if'both had qualified as executors, to make this sale, for the purpose of paying debts ? 2. Is a sale valid,'when only one executor had qualified, although both joined in the deed ? 1. The demurrer admits the allegation, that the sale was made to pay the debts of the testator, and not to reinvest in other property, for the use of the children, and that this fact was known to the…
1Opinion of the Court
Peyton, C. J.:
Edward M. Lane, being possessed of a large estate in his own right, consisting of real and personal property, on the 27th day of September, 1860, made his last will and testament, and appointed his wife, Laura, sole executrix, with full power and authority to manage and control his estate.
The second clause of the will contains the following language: “ I wish all my debts to be paid as soon as possible.”
By the fifth clause, the testator devised to his wife, for the term of her natural life, the property in controversy, being his lot and residence in the city of Vicksburg.
The…
2Cases cited79 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Harris v. FlyNew York Court of Chancery · 1839
- Norris v. HarrisCalifornia Supreme Court · 1860
- Poole v. Lessee of FleegerSupreme Court of the United States · 1837
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3Cited by7 opinions
- Gordon v. McDougallMississippi Supreme Court · 1904
- Bedford v. BedfordTennessee Supreme Court · 1903
- Hicks v. BlakemanMississippi Supreme Court · 1896
- Ex parte WhiteMississippi Supreme Court · 1918
- Davis v. SturdivantMississippi Supreme Court · 1944
2 more not listed; retrieve them via the Exa API.