Ex parte White
Mississippi Supreme Court
Appeal from the chancery court of Clay county. Hon. A. J. McIntyre, Chancellor. Petition by James M. White, surviving executor, and all other parties in interest to construe the will of SL. Hearn, deceased. From a decree of the chancery court construing the will, all parties appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Clay county. Hon. A. J. McIntyre, Chancellor. Petition by James M. White, surviving executor, and all other parties in interest to construe the will of SL. Hearn, deceased. From a decree of the chancery court construing the will, all parties appeal. The facts are fully stated in the opinion of the court. The questions for the court to decide in this case are: (A) was the power to sell lands, as given by the testator, to the executors, a mere naked power to sell at their discretion; or, (B) does the whole will construed in its entirety give to the executors a…
1Opinion of the CourtStevens, J.
In this case an appeal is prosecuted from a decree of the chancery court of Clay county construing the last will and testament of S. L. Hearn, and holding that by the terms of the will the power to sell and convey real estate therein given to Mrs. Hattie P. Hearn, executrix, and James M. White, executor, did not survive after the death of Mrs. Hearn so as to empower James M. White, surviving executor, to sell the lands. The petition to construe the will is filed by all parties in interest. The will is not long, and is here set out in full:
“Be it remembered that I, S. L. Hearn, of the city of…
2Cases cited8 opinions
- Ford v. FordWisconsin Supreme Court · 1887
- Wilson v. SnowSupreme Court of the United States · 1913
- Wallace v. FoxwellIllinois Supreme Court · 1911
- Bartlett v. SutherlandCourt of Appeals of Mississippi · 1852
- Robinson v. AllisonSupreme Court of Alabama · 1883
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3Cited by5 opinions
- Virginia Trust Co. v. BufordMississippi Supreme Court · 1920
- Batson v. Humble Oil & Ref. Co.Mississippi Supreme Court · 1952
- Hart v. First National BankMississippi Supreme Court · 1959
- Glidewell v. PannellMississippi Supreme Court · 1930
- Carson v. CarsonMississippi Supreme Court · 1976