Trustees Presbyterian Church v. Mize

Opinion of the Court by

Judge Hurt

Reversing.

This action involves the construction of the last will and testament of Mamie McBeath Mize. She was a married woman and was childless. Her husband, C. C. Mize, did not own any property. So much of the will as is necessary to consider is as follows:

“First. It is my will and I so direct that my executor hereinafter named shall pay all my just debts, my ’ funeral expenses and medical bills as soon after my death as he conveniently can out of any money that I may have on hands at the time of my decease.

‘ ‘ Second. I direct my executor to erect over my…