Williamson v. Grider
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Edward D. Robertson, Chancellor; Mrs. Sue M. Grider died April 13, 1901, testate. Her will was duly probated, and is as follows: “Sans Souci, Miss. Co., Ark. “March 13, 1886. “I, Sue M. Grider, being of sound mind, make this my last will and testament.
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Appeal from Mississippi Chancery Court, Osceola District; Edward D. Robertson, Chancellor; Mrs. Sue M. Grider died April 13, 1901, testate. Her will was duly probated, and is as follows: “Sans Souci, Miss. Co., Ark. “March 13, 1886. “I, Sue M. Grider, being of sound mind, make this my last will and testament. I bequeath to my beloved husband, W. H. Grider, and my dear mother, Georgia M. Erwin, my entire estate, both real and personal, of which I may die possessed, subject to the expense of my funeral and the debts I may owe, but this shall be in trust for the use and benefit of my child,…
1Opinion of the CourtWood, J.
First. When a trust is created by a will, a court of equity has jurisdiction to construe the will. This power is incident to the jurisdiction which courts of chancery have over trusts. Frank v. Frank, 88 Ark. 5, and cases there cited; 22 Enc. PI. & Pr. 60, 61 and 62 and numerous cases cited in notes.
As early as 1842 this court held that “as chancery will compel the performance of trusts, so it will assist the trustees and protect them, in the due performance of the trust, whenever they seek the aid and direction of the court as to its establishment, management and execution.” Ex parte Conway,…
2Cases cited10 opinions
- Heald v. HealdCourt of Appeals of Maryland · 1881
- Clopton v. GholsonMississippi Supreme Court · 1876
- Woods v. FullerCourt of Appeals of Maryland · 1884
- Norton v. PhelpsMississippi Supreme Court · 1877
- Ex parte ConwaySupreme Court of Arkansas · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hurd v. AlbertCalifornia Supreme Court · 1931
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Morris v. BoydSupreme Court of Arkansas · 1913
- Heiseman v. LowensteinSupreme Court of Arkansas · 1914
- Bowling v. Bank of New HavenCourt of Appeals of Kentucky (pre-1976) · 1927
15 more not listed; retrieve them via the Exa API.