Gwin v. Hutton
Mississippi Supreme Court
Appeal from the chancery cóurt of Holmes county. Hon. J. M. MoCool, Chancellor. Bill by John D. Gwin et al., as executors of the will of S. D. Gwin against Mrs. Rosalind Gwin Hutton et al. From a decree dismissing the bill, petitioners appeal. S. D. Gwin died in Holmes county, Mississippi, in 1908, leaving a last will and testament, and naming as. the joint executors thereof his two sons, John D. and Walker K. Gwin.
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Appeal from the chancery cóurt of Holmes county. Hon. J. M. MoCool, Chancellor. Bill by John D. Gwin et al., as executors of the will of S. D. Gwin against Mrs. Rosalind Gwin Hutton et al. From a decree dismissing the bill, petitioners appeal. S. D. Gwin died in Holmes county, Mississippi, in 1908, leaving a last will and testament, and naming as. the joint executors thereof his two sons, John D. and Walker K. Gwin. The executors proceeded to the administration of the estate, and executed all bequests, and managed the property in accordance with the terms of the will, which provided in…
1Opinion of the CourtMates, C. J.
' The courts cannot authorize any partition of this estate. To do so would be to destroy the will of the testator, expressed in language which leaves no doubt of his intent, and possibly take away from future contingent beneficiaries an estate which the testator gives them, and which they would get if his will was allowed to stand and be executed as he directs that it shall. The will can be carried out as the testator directs that it shall be, without violating any statute or other rule of the law that would make any of its provisions invalid. Courts may help execute wills, but they have no…
2Cited by5 opinions
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- McCormack v. BlanksMississippi Supreme Court · 1956
- Gwin v. GwinMississippi Supreme Court · 1917
- Carter v. BerryMississippi Supreme Court · 1962
- Carter v. BerryMississippi Supreme Court · 1962