Virginia Trust Co. v. Buford
Mississippi Supreme Court
Appeal from chancery court of Tallahatchie county. I-Ion. G-. E. Williams, Chancellor. Suit by T. C. Buford and others against the Virginia Trust Company and others. Demurrer to the bill overruled, and defendants appeal. It seems to be a well-established rule of construction by the courts of the country that powers that are considered to be purely discretionary, or naked, or collateral can be exercised, only by the designated donees in the will in person and acting jointly.
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Appeal from chancery court of Tallahatchie county. I-Ion. G-. E. Williams, Chancellor. Suit by T. C. Buford and others against the Virginia Trust Company and others. Demurrer to the bill overruled, and defendants appeal. It seems to be a well-established rule of construction by the courts of the country that powers that are considered to be purely discretionary, or naked, or collateral can be exercised, only by the designated donees in the will in person and acting jointly. On the other hand it is just as well established a rule of construction that those powers which are coupled with an:…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment overruling a demurrer to a bill of complaint. Two amended bills, neither in any way referring to the one preceding, were filed, and, while all three of the bills appear in the record, the allegations contained in the one last filed will alone be considered. Williams v. Meridian L. T. & Ry Co., 110 Miss. 174, 69 So. 596; Ventress v. Wallace, 111 Misc. 357, 71 So. 636, L. R. A. 1917A, 971.
The allegations of this bill in substance are that John D. Eagland, a citizen of the state of Virginia, died leaving a will in words and figures as follows:
“I, John D.…
2Cases cited11 opinions
- Dillard v. DillardSupreme Court of Virginia · 1899
- Ventress v. WallaceMississippi Supreme Court · 1916
- Wells v. WellsMississippi Supreme Court · 1858
- Crusoe v. ButlerMississippi Supreme Court · 1858
- Bartlett v. SutherlandCourt of Appeals of Mississippi · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rice v. McMullenMississippi Supreme Court · 1949
- Federal Land Bank v. NewsomMississippi Supreme Court · 1935
- Gunn v. HegginsCourt of Appeals of Mississippi · 2007
- Belt v. AdamsMississippi Supreme Court · 1921
- Peek V. Simmons First National BankSupreme Court of Arkansas · 1992
5 more not listed; retrieve them via the Exa API.