Templeton v. Tompkins
Mississippi Supreme Court
Appeal from-chancery court of Warren county. Trimble, J. The facts of this case are so fully set forth in the opinion of the court as to relieve from any further statement. 1st. The court below erred in sustaining the demurrer of the defendants, Samuel Templeton and John and Thomas Cochran.
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Appeal from-chancery court of Warren county. Trimble, J. The facts of this case are so fully set forth in the opinion of the court as to relieve from any further statement. 1st. The court below erred in sustaining the demurrer of the defendants, Samuel Templeton and John and Thomas Cochran. The error originated, we conceive, in the court applying to the case, article 30 of section 3, statute of limitations, Rev. Code, 403. The bill seeks the enforcement of an express trust, for which there was no adequate remedy at law, and the law of the thirty-first article of our statute of limitations,…
1Opinion of the Court
Takbell, J. :
In 1837, John Templeton, since deceased, made his last will and testament by which, after providing for his wife, he disposed of the remainder of his property in the following manner, to wit: Such remainder, both real and personal, to be valued by three disinterested persons, named as directed in the will, which valuation, after deducting $300, otherwise disposed of, was to be divided into four equal parts, one-fourth of which the testator bequeathed to John Cochran and Thomas Cochran, minor grandchildren, one-fourth to Francis Templeton and Henry Templeton, infant grandchildren…
2Cited by1 opinion
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