Heatherington v. Lewenberg
Mississippi Supreme Court
Appeal from the Chancery Court of Adams County. Hon. Ealph North, Chancellor. The appellant filed her bill in the court below against Metcalf, .administrator cum testamenti annexe of Anthony Smith, and the .appellees, who are in possession of certain lands, as owners devised by •said Anthony Smith, subject, as the bill alleges, to the charge of a legacy in the form of annuity, bequeathed to her by the will of said Anthony Smith.
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Appeal from the Chancery Court of Adams County. Hon. Ealph North, Chancellor. The appellant filed her bill in the court below against Metcalf, .administrator cum testamenti annexe of Anthony Smith, and the .appellees, who are in possession of certain lands, as owners devised by •said Anthony Smith, subject, as the bill alleges, to the charge of a legacy in the form of annuity, bequeathed to her by the will of said Anthony Smith. It is alleged that the lands sought to be subjected to the payment of the annuity are comprised in the residuum devised and bequeathed to John Eobson by the seventh…
1Opinion of the CourtChalmers, J.
The question which underlies this case as agreed by both par*376ties is this: When a testator devises both real and personal estate to a residuary legatee, making no discrimination between the two classes of property, but massing the two together as a common whole, is the realty, like the personalty, charged with the payment of prior pecuniary legacies? This question is answered in the affirmative by the case of Knotts v. Bailey, 54 Miss. 235. We see no reason to doubt the correctness of that decision, and it is decisive of the present case. Because the language of the residuary clause is,“ I…
2Cases cited1 opinion
- Knotts v. BaileyMississippi Supreme Court · 1876
3Cited by3 opinions
- Gordon v. JamesMississippi Supreme Court · 1905
- Brickell v. PowellMississippi Supreme Court · 1927
- Perkins v. First National BankMississippi Supreme Court · 1902