Hengen v. Perpetual Care Cemeteries, Inc.

ETHRIDGE, Chief Justice:

This case involves the power of a corporate trustee of certain cemetery land, operated for profit, to sell an undeveloped, distinct part of the land which its predecessor purchased. The Chancery Court of Harrison County held that appellee, Perpetual Care Cemeteries, Inc., (called Perpetual Care) had express authority to convey the east 275 feet of land owned by it in the City of Biloxi, free and clear of any restrictions as to the use to which that tract may be devoted. Even if no express authority existed, the chancery court authorized and directed the sale in order…