Roberts v. Burwell
Mississippi Supreme Court
Appeal from tlie chancery court of Holmes county. HoN. A. Y.’ Woodward, Chancellor. l Suit by Lou Roberts against W. B. Burwell and others. From a decree dismissing the bill, H. S. Roberts, executor of Lou Roberts, deceased, appeals.
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Appeal from tlie chancery court of Holmes county. HoN. A. Y.’ Woodward, Chancellor. l Suit by Lou Roberts against W. B. Burwell and others. From a decree dismissing the bill, H. S. Roberts, executor of Lou Roberts, deceased, appeals. The Code sections referred to in the opinion are as follows: Section 3125, Code of 1906 (Section 2489, Hemingway’s Code): “Limitation of Express Trusts. — Bills for relief, in case of the existence of a trust not cognizable by the courts of common law and in all other cases not herein provided for, shall be filed within ten years after the cause thereof shall…
1Opinion of the CourtSmith, C. J.
IN DIVISION A.
Burwell Roberts died during the year 1905 seized and possessed of certain land, and leaving surviving him his widow, Lou Roberts, five children, and two grandchildren, the son and daughter of a deceased child. By his last will and testament he devised each of these children by name a one-sixth interest in this land, and to the grandchildren, also by name, a one-sixth interest therein jointly. The will recited that:
“The condition of the last six bequeaths are that my wife, Lou Roberts, shall not be disturbed in the possession of the house in which she and I have had our home…
2Cases cited5 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
- Cady v. CadyMississippi Supreme Court · 1889
- Red v. PowersMississippi Supreme Court · 1891
- Perkins v. First National BankMississippi Supreme Court · 1902
3Cited by9 opinions
- Johnson v. Staple Cotton Co-Op. Ass'nMississippi Supreme Court · 1926
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- Ogle v. DURLEYMississippi Supreme Court · 1955
- Middleton v. HowellMississippi Supreme Court · 1921
- Yazoo & M. V. R. Co. v. McConnellMississippi Supreme Court · 1921
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