Hailey v. McLaurin's Estate
Mississippi Supreme Court
Appeal from the Chancery court of Hinds county. HoN. G-. Gr. Lyell, Special Chancellor. Suit between Mrs. Mary E. Hailey and the estate of J. W. McLaurin deceased. From a judgment, Mrs. Hailey appeals. The facts are fully stated in' the opinion of the court.
Read the full summary
Appeal from the Chancery court of Hinds county. HoN. G-. Gr. Lyell, Special Chancellor. Suit between Mrs. Mary E. Hailey and the estate of J. W. McLaurin deceased. From a judgment, Mrs. Hailey appeals. The facts are fully stated in' the opinion of the court. The will is clear and explicit and shows great care and diligence in the preparation thereof, and the testator set out in terms which can have but one construction, that he intended creating a special bequest and that it was his desire to evade the statute of Mortmain. In the case of Maloney v. Mooring, 40 Miss. 247, our court said, “when…
1Opinion of the CourtHoldeN, J.
The deceased, Dr. J. W. MeLaurin, bequeathed twenty-five thousand dollars to the Mississippi State Charity Hospital, using the following language in the will:
“To the Jackson Bank, a corporation authorized by its charter and laws of the state of Mississippi to execute trusts as trustee, I devise and bequeath at my death all of the property, real or personal or mixed *716which I may own at the time of my ‘death for the following purposes, to wit: . . .
“The said trustee or its successor in trust shall, out of the proceeds of my personal property, and out of the proceeds from the sale of my real…
2Cases cited4 opinions
- Vaiden v. HawkinsMississippi Supreme Court · 1882
- Croom v. . WhitfieldSupreme Court of North Carolina · 1853
- Malone v. MooringMississippi Supreme Court · 1866
- Chrisman v. BryantMississippi Supreme Court · 1914
3Cited by4 opinions
- National Bank of Greece v. SavarikaMississippi Supreme Court · 1933
- Mississippi School for the Blind v. ArmstrongMississippi Supreme Court · 1953
- Methodist Hospital v. SlackMississippi Supreme Court · 1976
- Old Ladies Home Ass'n v. Grubbs' EstateMississippi Supreme Court · 1940