Turner v. Turner
Mississippi Supreme Court
Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The appellees, legatees under Ransom Turner’s will, filed this bill in the Chancery Court in which it was probated against the appellants, the vendees of William H. Turner, and his widow, who is the sole devisee under his will and adminis-tratrix of his estate with the will annexed, to charge the land of Ransom Turner with the payment of the complainants’ legacies, and sell it.
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Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The appellees, legatees under Ransom Turner’s will, filed this bill in the Chancery Court in which it was probated against the appellants, the vendees of William H. Turner, and his widow, who is the sole devisee under his will and adminis-tratrix of his estate with the will annexed, to charge the land of Ransom Turner with the payment of the complainants’ legacies, and sell it. The answers admitted the will, but claimed that the land was not charged with the legacies, that, by sale, William H. Turner freed it from…
1Opinion of the CourtCampbell, J.
The condition that William H. Turner, at the expiration of five years, should pay certain sums of money to persons named in the will, applied to the real estate devised to him as well as the personal property. All the gifts to him by the will were upon this condition. The manifest purpose of the testator was to give all of his property to his brother, William H. Turner, subject to the payment of his debts and of certain pecuniary legacies, after five years. There is such a blending of the real and personal estate, in the disposition made by the will, that no distinction can be drawn between…
2Cited by2 opinions
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