Yates v. Clark
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G-. Peyton, Chancellor. Robert A. Clark died in 1867, having made a last will and testament, as follows : — “The last will and testament of Robert A. Clark, a citizen of Hinds County, and State of Mississippi: I hereby appoint my wife, Bettie L. Clark, my sole executrix, without bond or accountability to any one, to have, use, and employ all my property, real and personal, for her own, and the use of our children, and…
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Appeal from the Chancery Court of Hinds County. Hon. E. G-. Peyton, Chancellor. Robert A. Clark died in 1867, having made a last will and testament, as follows : — “The last will and testament of Robert A. Clark, a citizen of Hinds County, and State of Mississippi: I hereby appoint my wife, Bettie L. Clark, my sole executrix, without bond or accountability to any one, to have, use, and employ all my property, real and personal, for her own, and the use of our children, and [to] dispose of the same in such manner as she may. think is for their mutual advantage. Written wholly by myself. “R. A.…
1Opinion of the CourtCampbell, J.
The will of Clark made his widow the donee of a power to hold, use, and employ all of his property, real and personal, for her own use and the use of their children, and to dispose of it, in her discretion, for their mutual advantage. As she was made the sole judge of “their mutual advantage,” her power to dispose of the property was unlimited.
Her power to hold the property or to dispose of it was not affected by her marriage, after Clark’s death. The power was vested in her as an individual, and not as executrix; but if it was an incident to her office as executrix, her subsequent mar*216l’iage'…
2Cases cited2 opinions
- White v. . HicksNew York Court of Appeals · 1865
- Woodruff v. CoxNew York Surrogate's Court · 1852
3Cited by13 opinions
- Hill v. ConradTexas Supreme Court · 1897
- South v. SouthIndiana Supreme Court · 1883
- Gindrat v. Montgomery Gas-Light Co.Supreme Court of Alabama · 1886
- Young v. SheldonSupreme Court of Alabama · 1903
- Wirtz v. GordonMississippi Supreme Court · 1938
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