Courtenay v. Courtenay
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. Ti-iaddeus A. Wood, Chancellor. Justine Courtenay, appellant and cross-appellee, was complainant- and cross-defendant in the court below; May Courtenay and others, appellees and cross-appellants, were defendants and cross-complainants there.
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From the chancery court of Harrison county. Hon. Ti-iaddeus A. Wood, Chancellor. Justine Courtenay, appellant and cross-appellee, was complainant- and cross-defendant in the court below; May Courtenay and others, appellees and cross-appellants, were defendants and cross-complainants there. From a decree in favor of the cross-complainants, granting only in part the relief sought by the cross-bills, complainant appealed, and cross-complainants prosecuted a cross-appeal, to the supreme court. In 1886, one C. Courtenay, a resident citizen of Iiarrison county, died leaving considerable estate…
1Opinion of the CourtMayes, J.
So well settled are the principles governing the construction of wills that we deem it unnecessary to enter upon any discussion of this subject. The question is, what was the intention of the testator in the will offered for construction ? There was, undoubtedly, a trust created by the will of the testator in the property devised to Justine Courtenay; but it was limited as to the time in which it should exist, and definite in the purposes it was intended to accomplish. The trust expired after the children had reached their majority, and the purpose of the trust was to apply the proceeds of…
2Cases cited5 opinions
- Collister v. . FassittNew York Court of Appeals · 1900
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Post v. . MooreNew York Court of Appeals · 1905
- Lawrence v. . CookeNew York Court of Appeals · 1887
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Gilman v. GilmanSupreme Court of Connecticut · 1923
- LANHAM v. HowellMississippi Supreme Court · 1951
- Ryals v. McPhailMississippi Supreme Court · 1929
- Farmer v. BroadheadMississippi Supreme Court · 1970