Ragsdale v. Ragsdale
Mississippi Supreme Court
Feom the chancery court of Lauderdale county. HoN. SylvaNUS EvaNS, chancellor. L. A. Eagsdale, Sr., lived in the city of Meridian, where he owned a large amount of property, real and personal. On June 19, 1886, in due form of law, he executed a will by which he gave a large portion of. his property, including lot 78 in Meridian, to his son L.- A. Eagsdale, Jr., and made certain provisions for his daughters.
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Feom the chancery court of Lauderdale county. HoN. SylvaNUS EvaNS, chancellor. L. A. Eagsdale, Sr., lived in the city of Meridian, where he owned a large amount of property, real and personal. On June 19, 1886, in due form of law, he executed a will by which he gave a large portion of. his property, including lot 78 in Meridian, to his son L.- A. Eagsdale, Jr., and made certain provisions for his daughters. To his younger sons, Charles E. and Everett E. Eags-dale, he gave nothing, but merely expressed a wish that Mrs. Eagsdale tbeir mother would provide for them. In December, 1886, L. A.…
1Opinion of the CourtCampbell, J.
There is no dissent in the books from the proposition that one who is active in preventing a testator from making an intended provision by his will for another, and where, but for such intervention, the intended provision would have been made, will be held to be a trustee of any devise to himself, to the extent it would have *98been for such other, if it had not been intercepted by him, and will be compelled to respond to the claim of the intended beneficiary. Intercepting a bounty intended for another, and diverting it to one’s self, is held to be a fraud, from which a trust arises by operation…
2Cited by22 opinions
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- Moore v. CampbellSupreme Court of Alabama · 1893
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