Rainey v. Rainey
Mississippi Supreme Court
Appeal from chancery court of Coahoma county. Hon. Joe May, Chancellor. Suit by Mrs. Emma Rainey and others against Isom W. Rainey and others for construction of a will. From the decree, plaintiffs appeal.
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Appeal from chancery court of Coahoma county. Hon. Joe May, Chancellor. Suit by Mrs. Emma Rainey and others against Isom W. Rainey and others for construction of a will. From the decree, plaintiffs appeal. The court interpreted the will on this evidence thus:-1. That the general pecuniary legacies to Wilbur Howard Rainey for five hundred dollars and to Abner Rainey for five hundred dollars and to S. K. Rainey for five hundred dollars have lapsed, because of the deficiency of personal property and assets to pay the same and that the said legacies are not a charge upon the lands, or upon any…
1Opinion of the CourtSmith, C. J.
This case was presented to the court below on petition by the executors of the will of Wilbur F. Rainey, deceased, praying for a construction of the will and for a determination of the rights of the legatees and devisees therein.
The will reads as follows:
“Know All Men by These Presents:
“That I, Wilbur F. Rainey of the county of Coahoma and state of Mississippi, being of sound and disposing mind and memory and in good health at the present time, fully realizing the uncertainty of life and the certainty of death, do hereby make and publish this my last will and testament and declare the same to…
2Cases cited4 opinions
- Gordon v. McDougallMississippi Supreme Court · 1904
- Abbay v. HillMississippi Supreme Court · 1886
- O'Reilly v. McGuigganMississippi Supreme Court · 1907
- Wall v. DickensMississippi Supreme Court · 1889
3Cited by4 opinions
- Marx v. HaleMississippi Supreme Court · 1922
- Williams v. GoochMississippi Supreme Court · 1950
- Campbell v. CasonMississippi Supreme Court · 1949
- Bryan v. BryanMississippi Supreme Court · 1936