Stuart v. Robinson
Mississippi Supreme Court
Rrom the chancery court of Lincoln county. Hon. Henry 0. Conn, Chancellor. Mrs. Robinson, appellee, was the complainant in the court below; Stuart, executor, and others, appellants, were defendants there. The suit was instituted by Mrs. Robinson, a legatee under the will, to subject lands to.the payment of a legacy.
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Rrom the chancery court of Lincoln county. Hon. Henry 0. Conn, Chancellor. Mrs. Robinson, appellee, was the complainant in the court below; Stuart, executor, and others, appellants, were defendants there. The suit was instituted by Mrs. Robinson, a legatee under the will, to subject lands to.the payment of a legacy. The late Miss Mary Emily Stuart, an aged maiden, who, in her lifetime lived and who died at Brookhaven, while on her deathbed made a last will and testament in these words: “State of Mississippi, Lincoln county. I, Mary Emily Stuart, of Lincoln county, Mississippi, of sound and…
1Opinion of the Court
Calhoon, J..,
delivered the opinion of the court.
From the will in this record, which the reporter will publish in full, considered in the light of the surroundings of the testatrix at the time she made it, we conclude that her intent was that the money legacies were to be satisfied out of the lands specifically devised. This is not a case where a testator left money or personalty sufficient to satisfy pecuniary bequests. Miss Stuart had neither, and knew she had neither, and it cannot be supposed that, on her deathbed, only two days before she ceased to breathe, she had the purpose to…
2Cases cited2 opinions
- Davidson v. CoonIndiana Supreme Court · 1890
- Clotilde v. LutzSupreme Court of Missouri · 1900
3Cited by2 opinions
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