Gordon v. Perry
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Hon. G. G. Lyell, Chancellor. Suit between "W. 8. Gordon, guardian, and others and W. W. .Perry, guardian of Eula James. From a judgment against him W. S. Gordon, guardian, appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Yazoo county. Hon. G. G. Lyell, Chancellor. Suit between "W. 8. Gordon, guardian, and others and W. W. .Perry, guardian of Eula James. From a judgment against him W. S. Gordon, guardian, appeals. The facts are fully stated in the opinion of the court. It would be manifest folly to say that because he devised this lot to his wife that the testator manifested his intention that the residuary devisees should not take it, for his specific disposition of it equally manifested his intention that the heir should not take it. ' The specific provision made for the…
1Opinion of the CourtMayes, C. J.
A brief statement of the case is about as follows: Some time in 1900 D. A. James executed a will, leaving many legacies and devises to various persons. Later Mr. James died, and this controversy is as to whether or not the residuary devisees take a certain lot in Yazoo, City, or whether this lot goes to the heir as property undisposed of by the terms of the will. The facts in relation to this lot are about as follows: At the date of the death of Mr. James his will made provision for his wife and also his only child, and, after making many other specific legacies and devises to various other…
2Cases cited2 opinions
- Morris v. HendersonMississippi Supreme Court · 1859
- Barton v. KingMississippi Supreme Court · 1866
3Cited by3 opinions
- Chrisman v. MageeMississippi Supreme Court · 1914
- Moore v. Lincoln Hospital Ass'n of LincolnCourt of Appeals for the Eighth Circuit · 1925
- Julius Levy Sons Co. v. OrlanskyMississippi Supreme Court · 1916