Smith v. Smith

JONES, Justice.

Mrs. Ruth H. Smith, appellee here, filed suit in the Chancery Court of the Second Judicial District of Bolivar County, Mississippi, seeking to quiet title to certain lots situated in the town of Merigold. The defendants are the trustees named in the purported trust agreement, hereinafter mentioned, together with certain heirs of J. R. Smith, deceased, and a bank in the City of Cleveland, Mississippi.

On July 17, 1961, the said J. R. Smith, also known as James Rogers Smith and James R. Smith, Sr., attempted to execute a trust under the terms of which, “The Grantor, simultaneously…