Stokes v. Payne, Kennedy & Co.
Mississippi Supreme Court
Appeal from the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. The case is sufficiently stated in the opinion of the court. 1. The power of M. M. Stokes, as executor, over the estate devised must be determined ,by the intent of the testatrix.
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Appeal from the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. The case is sufficiently stated in the opinion of the court. 1. The power of M. M. Stokes, as executor, over the estate devised must be determined ,by the intent of the testatrix. That intent is to be inferred from the language of the will and the facts shown in the case. 1 The testratrix devised the land immediately to her children, for their benefit, and gave her husband the power to dispose of it for the education and maintenance of the children, when he thought it advisable. His power of sale or disposition was…
1Opinion of the CourtCooeeh, J.
By her will Mrs. A. P. Stokes gave her lands to her children, and conferred upon her husband, M. M. Stokes, power to sell the same,- in the following words : “And I hereby authorize and empower said M. M. Stokes to sell and dispose of any of the property hereby bequeathed in this will, when it shall appear to him to be advisable so to do, having an eye to the support and education of the children.” After the death of Mrs. Stokes, M. M. Stokes mortgaged the land to secure the payment of an account for family supplies necessary for the support of the children, which were sold to him on the…
2Cases cited5 opinions
- Williams v. WoodardNew York Supreme Court · 1829
- Coutant v. ServossNew York Supreme Court · 1848
- Wayne v. MyddletonSupreme Court of Georgia · 1847
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- Head v. TempleTennessee Supreme Court · 1871
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- Howard v. McMurchyMississippi Supreme Court · 1936
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