Hammett v. Markham
Mississippi Supreme Court
Appeal from chancery court of Warren county. Hon: E. N. Thomas, Chancellor. Bill by Mrs. Anna C. B. Markham against Mrs. Helen Hammett and others. Decree for plaintiff, and defendants appeal.
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Appeal from chancery court of Warren county. Hon: E. N. Thomas, Chancellor. Bill by Mrs. Anna C. B. Markham against Mrs. Helen Hammett and others. Decree for plaintiff, and defendants appeal. The first question propounded by the court is as follows : “The court desires to know whether or not item 4 of the will of Mrs. Evelyn Lightcap, which conferred upon the executrix the power of sale upon the death of either Florence or Helen, was ever exercised by a sale of the plantation?” The power of sale was never exercised. The second proposition is as follows: “If this power of sale was not…
1Opinion of the CourtSykes, P. J.
The appellee, Mrs. Markham, by her bill seeks to cancel as a cloud upon her title the claim of the appellants to certain lands in Warren county. In this proceeding we are called upon to construe the will of Mrs. Evelyn Light-cap, who died in 1878. The will is short and reads as follows :
“I make and publish this my last will and testament the same being wholly Avritten by myself.
“(1) I Avill and desire that my three daughters, Florence, Helen and Alice shall have the use and enjoyment *45during their lives, share and share alike, of the rents, issues and profits of my Magnolia Hall property, my…
2Cases cited6 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Lee v. SimpsonSupreme Court of the United States · 1890
- Baird v. BoucherMississippi Supreme Court · 1882
- Jones v. CareyMississippi Supreme Court · 1920
- Mitchell v. DensonSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rice v. ParkSupreme Court of Alabama · 1931
- Wirtz v. GordonMississippi Supreme Court · 1938
- Harrison v. LeeCourt of Appeals for the Fifth Circuit · 1925
- Wirtz v. GordonMississippi Supreme Court · 1938