Whitfield v. Burke
Mississippi Supreme Court
From tbe chancery court of Lowndes county. HoN. James F. McCool, Chancellor. Whitfield and others, the appellants, were complainants in the court below; Mrs. Burke and others, the appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court. The facts are stated in the opinion of the court.
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From tbe chancery court of Lowndes county. HoN. James F. McCool, Chancellor. Whitfield and others, the appellants, were complainants in the court below; Mrs. Burke and others, the appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court. The facts are stated in the opinion of the court. It is to be borne in mind that the intention of the creator of a power, if compatible with the law, is to govern, whether the power be raised by deed or by will, and that where the power is raised by a contract the intention of the parties is to…
1Opinion of the Court
* Mayes, Special J.,
delivered tbe opinion of tbe court.
In tbe year 1854 William Whitfield died, leaving a will, by tbe eigbtb article of wbicb be devised to William W. Whitfield, bis son, certain lands in Lowndes county, for tbe term of bis natural life, with remainder to tbe children of tbe devisee. Tbe fifteenth article of tbe will contained tbe following language: “Nevertheless, I hereby authorize my sons, if they desire, or if either of them are desirous, to sell tbe real estate devised to him for tbe purpose of purchasing other lands or other productive property, ... to sell tbe real…
2Cases cited5 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Redford v. ClarkeSupreme Court of Virginia · 1902
- Baird v. BoucherMississippi Supreme Court · 1882
- Van Bokkelen v. TingesCourt of Appeals of Maryland · 1882
- Keister v. ScottCourt of Appeals of Maryland · 1884
3Cited by3 opinions
- Chenault's Guardian v. Metropolitan Life Ins.Court of Appeals of Kentucky (pre-1976) · 1932
- Jones v. StampsMississippi Supreme Court · 1919
- Whitfield v. LyonMississippi Supreme Court · 1908