Brockett v. Richardson
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor. The facts are stated in the opinion. 1. Under the terms of the second post-nuptial settlement, the fund therein secured in default of appointment or desire by Mrs. Betsy Johnson was to be held by the trustee for “ her heirs,” and by apt technical language all the marital rights of the husband were excluded.
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Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor. The facts are stated in the opinion. 1. Under the terms of the second post-nuptial settlement, the fund therein secured in default of appointment or desire by Mrs. Betsy Johnson was to be held by the trustee for “ her heirs,” and by apt technical language all the marital rights of the husband were excluded. The words of exclusion are strong enough to have excluded curtesy if the subject of the second trust had been land. Denton v. Denton, 17 Md. 403; Holmes v. Liptrol, 8 Ga. 279; Wright v. Pratt, 17 Mo. 43;…
1Opinion of the CourtCooper, J.
On the 8th of January, 1841, Edward P. Johnson, Sr., conveyed to George Downing as trustee certain lands in the county of Washington, and a number of slaves, to be held by him in trust for Betsy W. Johnson, the wife of'the grantor. The trust as expressed in the deed was, “ for the sole and separate use of the said Betsy W. Johnson and her heirs forever, subject to the further trust that the said Downing shall, and he is hereby directed, and so accepts the trust, to convey in fee simple the entire portion or any part of said property to, any person or persons that may be ap*773pointed by the said…
2Cases cited10 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Yonley v. LavenderSupreme Court of the United States · 1875
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Miller v. . BarberNew York Court of Appeals · 1876
- Anding v. DavisMississippi Supreme Court · 1860
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- Dorrah v. HillMississippi Supreme Court · 1896
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