Chrisman v. Bryant
Mississippi Supreme Court
Appeal from the chancery court of Madison county. Hon. Gr. Gr. Lyelle, Chancellor. Petition by J. J. Cbrisman, executor of J. B. Cbrisman, deceased, against Mrs. Carrie Bryant and others, for a construction of the will of the decedent. Prom a decree construing the will the executor appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Madison county. Hon. Gr. Gr. Lyelle, Chancellor. Petition by J. J. Cbrisman, executor of J. B. Cbrisman, deceased, against Mrs. Carrie Bryant and others, for a construction of the will of the decedent. Prom a decree construing the will the executor appeals. The facts are fully stated in the opinion of the court. Where there is a bequest of the identical property to different persons by two clauses in a will, that which is last, will revoke the former and prevail. The rule of interpretation is given in Ball v. Phelan, 94 Miss. 316, where it is declared that…
1Opinion of the CourtReed, J.
This case involves the construction of certain provisions in the will of Judge j. B. Chrisman. The matter was presented to the chancery court upon a petition, united in by the several parties in interest, praying that the will be construed and the rights of the parties defined. From a decree by the chancellor construing the will, this appeal was taken by J. J. Chrisman, appellant, *317one of the executors and one of the residuary legatees therein.
The provisions of the will for construction are items 7 and 8, which are as follows:
“Item 7. I give to my friend Z. D. Davis as trustee for the benefit…
2Cases cited1 opinion
- Watson v. BlackwoodMississippi Supreme Court · 1874
3Cited by3 opinions
- Cuppett v. NeillyWest Virginia Supreme Court · 1958
- McKinley v. SimmonsSupreme Court of Alabama · 1963
- Hailey v. McLaurin's EstateMississippi Supreme Court · 1916