Mississippi State University Foundation, Inc. v. Clark

JAMES L. ROBERTS, Jr.,

Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This case comes before this Court on appeal from a Declaratory Judgment entered in the Chancery Court of Lowndes County filed November 14, 1995. This Judgment was entered in response to a petition filed on March 23, 1995, by Lydia Quarles and Ru-thella Clark, Co-Executors of Mary E. Homburg’s estate in order to determine the proper distribution of the bequests of her will. The issue on appeal is the legal effect of a provision in Ms. Homburg’s will. The provision bequeathed $100,000 to a testamentary trust for the benefit…