Fergusson v. Fergusson
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; STATEMENT OE PACTS. Appellants brought this suit in equity against ap-pellee to enjoin him from mortgaging the land described in the complaint. The complaint alleges that the appellants are the owners of the land described therein which appellee holds in trust for them by virtue of a will executed by their grandfather and duly probated after his death.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; STATEMENT OE PACTS. Appellants brought this suit in equity against ap-pellee to enjoin him from mortgaging the land described in the complaint. The complaint alleges that the appellants are the owners of the land described therein which appellee holds in trust for them by virtue of a will executed by their grandfather and duly probated after his death. A portion of the will in question is as follows: “I give, devise and bequeath to my son, John P. Fergusson, as trustee, all the property of every nature and kind, real,…
1Opinion of the CourtHart, J.
(after stating the facts). In Heiseman v. Lowenstein, 113 Ark. 404, the court held that a mere power given to a trustee, under a will, to sell and convey the trust property, does not include the power to mortgage it. The court, however, in that case adhered to the cardinal principle that, in construing a power, the intention of the donor is of paramount importance and recognized that the power to sell in connection with other language used may include the power to mortgage. All the provisions of the will should be construed together in order to give effect to the manifest intention of the…
2Cases cited5 opinions
- Faulk v. DashiellTexas Supreme Court · 1884
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
- Lardner v. WilliamsWisconsin Supreme Court · 1898
- Heiseman v. LowensteinSupreme Court of Arkansas · 1914
- Roberts v. HaleSupreme Court of Iowa · 1904
3Cited by3 opinions
- Rose City Co. v. LangloeOregon Supreme Court · 1932
- Clifford v. McAlester Fuel Co.Supreme Court of Arkansas · 1922
- Jackson v. TemplinCourt of Appeals of Texas · 1931