Ligon v. Foster
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. Baxter McFarland, Chancellor. Simon Myers died in 1S78, leaving a will, the fourth clause of which is as follows : “It is my will, desire, and direction that all of my estate * * * after paying my just debts, funeral expenses, and expenses of erecting a proper tomb at my grave, shall be equally divided among my several children, namely, Alice Foster, wife of H. P. Foster; Zelda L. Bean, wife of G. W. Bean; Lula Ligón,…
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Appeal from the Chancery Court of Chickasaw County. Hon. Baxter McFarland, Chancellor. Simon Myers died in 1S78, leaving a will, the fourth clause of which is as follows : “It is my will, desire, and direction that all of my estate * * * after paying my just debts, funeral expenses, and expenses of erecting a proper tomb at my grave, shall be equally divided among my several children, namely, Alice Foster, wife of H. P. Foster; Zelda L. Bean, wife of G. W. Bean; Lula Ligón, wife of Greenwood Ligón; Kate Myers, and Lizzie Myers, to be appropriated and applied to the use and benefit of each of…
1Opinion of the CourtCooper, C. J.
By the will of the testator that portion of his estate devised to the use of his daughter for life with remainder to her children was ' vested in Ligón, his executor, as trustee for the uses declared in the will. The manifest purpose of the testator was that Mrs. Foster should not have the management and control of the property, except so much as should be consumed by its use, but that the remainder to the children should be protected by the trustee. The “action of the court in discharging the trustee and committing the estate to Mrs. Foster is a departure from the scheme provided by the…
2Cited by1 opinion
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