Palmer v. Lowery
Mississippi Supreme Court
R. Palmer executed a deed to appellant, R. E. Palmer, as trustee, for the benefit of his children: “ To hold during his natural life for the benefit of his natural heirs * * * giving the said R. E. Palmer the right to cultivate, lease, or sell the same as the interest of his said heirs may require in the opinion of said R. E. Palmer and the proceeds arising from such cultivation, leasing, or sale shall be applied by him to the support, maintenance, and education of his said…
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R. Palmer executed a deed to appellant, R. E. Palmer, as trustee, for the benefit of his children: “ To hold during his natural life for the benefit of his natural heirs * * * giving the said R. E. Palmer the right to cultivate, lease, or sell the same as the interest of his said heirs may require in the opinion of said R. E. Palmer and the proceeds arising from such cultivation, leasing, or sale shall be applied by him to the support, maintenance, and education of his said heirs.” R. E. Palmer had several children and sent his eldest daughter to the school of appellee Lowery, and only paid…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · CooperCooper, J.
Though the father was trustee of an estate for the benefit of his children, the income and profits of which, and in the discretion of the trustee, the corpus itself were to be appropriated to the maintenance and education of the beneficiaries, it was nevertheless permitted to the father to devote his own estate or credit to the same purposes.
The mere fact that the appellee has a debt against the father for the education of one of the beneficiaries of the trust fund is insufficient to establish a charge on the trust estate.
This is all that is shown by the evidence in the cause, and the…
3Cases cited2 opinions
- Hines v. PottsMississippi Supreme Court · 1879
- Prewett v. LandMississippi Supreme Court · 1858