Knotts v. Bailey
Mississippi Supreme Court
Appeal from the Chancery Court of Marshall County. Hon. A. B. Fly, Chancellor. 1. A general legacy is never charged upon land, unless the intention so to charge it “is expressly declared, or fairly and plainly to be inferred from the terms of the will.” Imp-ton v. Lupton, 2 Johns. Ch. 614, 623; Tracy v. Tracy, 15 Barb. 503. There is no such language as “ after payment of debts and legacies,” or any equivalent expressions. No deficiency of personalty was contemplated.
Read the full summary
Appeal from the Chancery Court of Marshall County. Hon. A. B. Fly, Chancellor. 1. A general legacy is never charged upon land, unless the intention so to charge it “is expressly declared, or fairly and plainly to be inferred from the terms of the will.” Imp-ton v. Lupton, 2 Johns. Ch. 614, 623; Tracy v. Tracy, 15 Barb. 503. There is no such language as “ after payment of debts and legacies,” or any equivalent expressions. No deficiency of personalty was contemplated. There is a provision for the widow of both realty and personalty, the small general legacies and the residuary clause. In…
1Opinion of the CourtSimrall, C. J.
A bill in chancery was exhibited by Sarah Bailey, née McDaniel, and her husband, to recover a legacy of f500, bequeathed to her by the testator Horatio Tyson. The bill charges that the testator left an estate worth about $25,000 but little indebted. After giving to his widow four slaves, to be selected by her, and land enough for them to work, by the second item of his will he bequeathed as follows: “I give and bequeath to Miss Sarah McDaniel, as a compensation for her services, the sum of $500.” It is alleged that the legatee was an orphan, who had lived many years in the testator’s family,…
2Cases cited4 opinions
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Tract v. TracyNew York Supreme Court · 1852
- Shelters v. JohnsonNew York Supreme Court · 1862
- English v. HarveySupreme Court of Pennsylvania · 1830
3Cited by12 opinions
- Gordon v. JamesMississippi Supreme Court · 1905
- Thomas v. RectorWest Virginia Supreme Court · 1883
- Lacey v. CollinsSupreme Court of Iowa · 1907
- Brickell v. PowellMississippi Supreme Court · 1927
- Cady v. CadyMississippi Supreme Court · 1889
7 more not listed; retrieve them via the Exa API.