Bonner v. Lessley
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. This was an action of ejectment instituted by the appellants, on the 29th day of September, 1882, in the Circuit Court of Wilkinson County.
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Appeal from the Circuit Court of Wilkinson County. This was an action of ejectment instituted by the appellants, on the 29th day of September, 1882, in the Circuit Court of Wilkinson County. The agreed state of facts shows that William L. Frazier was, on the 19th of March, 1859, the owner of the entire tract of land described in the declaration, and at the time of his death, which occurred prior to 1865, he was still the owner, except so far as his title was divested by certain conveyances, thereinafter mentioned; that the plaintiff, Lina Bonner, George B. Frazier, and Noland Frazier were his…
1Opinion of the CourtCooper, J.
The trustee Dillingham did not become unable to execute the trusts of the deed by his removal from the State, nor was such removal a “ refusal ” by him to perform the duties of trustee. It can only be said that by his removal the trustee rendered it more inconvenient to perform the duties imposed by the deed, but convenience and capacity are wholly different things, and the grantor provided only for inability on the part of the trustee or a refusal on his part to act. If the power of appointment had existed it is not shown to have been executed under the terms of the deed. The deed required…
2Cases cited3 opinions
- Land v. KeirnMississippi Supreme Court · 1876
- Hill v. BillingslyMississippi Supreme Court · 1876
- Clark v. WilsonMississippi Supreme Court · 1879
3Cited by10 opinions
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Robinson v. SullivanMississippi Supreme Court · 1912
- Walters v. WebsterSupreme Court of Colorado · 1912
- Bruschke v. WrightIllinois Supreme Court · 1897
- Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)United States Bankruptcy Court, N.D. Alabama · 2008
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