Cady v. Lincoln
Mississippi Supreme Court
Appeal from the chancery court of Lowndes county. Hon. J. F. McCool, Chancellor. Suit by Burton Cady et al. against C. L. Lincoln et al. From a decree for defendants, complainants appeal. The facts are fully stated in 'the opinion of the court. Where a trust is created the v executor or trustee is charged with carrying it out, and if the trustee dies the court will appoint a new trustee.
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Appeal from the chancery court of Lowndes county. Hon. J. F. McCool, Chancellor. Suit by Burton Cady et al. against C. L. Lincoln et al. From a decree for defendants, complainants appeal. The facts are fully stated in 'the opinion of the court. Where a trust is created the v executor or trustee is charged with carrying it out, and if the trustee dies the court will appoint a new trustee. The trust must be preserved. 18 Cyc. 207-E, and, also, same book 206-D. Where the terms of the will confer a naked power to sell, and the other provisions evince a design that the land should be sold, at all…
1Opinion of the CourtMcLean, J.
This is a suit brought by Burton Cady and Mrs. Ozzie Cady Hogan, Annie Leigh Cady, and Fannie Cady against the appellees, wherein the complainants allege that they are the owners, and the defendants are in possession, of squares thirty-one and thirty-two in the city of Columbus, Lowndes county, this state, asserting that the title of the defendants to this property is null and void, and asking that the claims of the defendants be canceled as clouds upon the title of complainants and *773that the same be removed. The common source of title is William Cady, who died in the year 1876. Mr. Cady…
2Cases cited1 opinion
- Cohea v. JemisonMississippi Supreme Court · 1891
3Cited by1 opinion
- Henry v. HendersonMississippi Supreme Court · 1911