Stern Bros. v. Hampton
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. W. H. Clifton, Special Chancellor, by agreement. The bill of complaint filed by Stern Bros., avers that W. M. Hampton owned certain lands in Monroe county at the time of his death, in 1873, which, by his last will and testament, were disposed of as follows: “Item 2 — I give and bequeath to my beloved wife, Unity N. Hampton, in trust for herself and her five children [naming them] all my property, real and personal,, during her…
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From the chancery court of Monroe county. Hon. W. H. Clifton, Special Chancellor, by agreement. The bill of complaint filed by Stern Bros., avers that W. M. Hampton owned certain lands in Monroe county at the time of his death, in 1873, which, by his last will and testament, were disposed of as follows: “Item 2 — I give and bequeath to my beloved wife, Unity N. Hampton, in trust for herself and her five children [naming them] all my property, real and personal,, during her life or widowhood, the rents and profits of which to-be appropriated by her for the support, education and maintenance of…
1Opinion of the CourtWhitfield, J.
The debt incurred by the executrix and trustee to appellants was her individual liability in its origin. The estate was not the debtor of appellants. No judgment lien was acquired against the trustee, individually even, until after the children (all then of age) had quitclaimed to the trustee, and she had mortgaged the estate to the Lombard Investment Company. The equity which the creditor of the trustee of an estate has (where the debt incurred is, as here, one authorized by the instrument creating the trust) is that he is substituted to the right of the trustee to recover the debt out of…
2Cases cited6 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Clopton v. GholsonMississippi Supreme Court · 1876
- Leigh v. HarrisonMississippi Supreme Court · 1892
- Woods v. RidleyMississippi Supreme Court · 1854
- Pope's Executors v. Elliott & Co.Court of Appeals of Kentucky · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gwin v. FountainMississippi Supreme Court · 1930
- Hayes v. First Joint Stock Land BankMississippi Supreme Court · 1936
- Howell v. MyerMississippi Supreme Court · 1913
- Hutton v. GwinMississippi Supreme Court · 1940
- Reedy v. AllenMississippi Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.