West v. Robertson
Mississippi Supreme Court
From tbe chancery court of He Soto county. Hon. J. G. Hall, Chancellor. J. C. N. Robertson, the owner of a large estate, real and personal, died testate, in De Soto county, Miss., in 1880. Among a large number of devises and bequests to his numerous children and grandchildren, the testator gave to his granddaughter, Margaret West, and her six minor children, one hundred and seventy acres of land in said county, and about $3200 in money.
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From tbe chancery court of He Soto county. Hon. J. G. Hall, Chancellor. J. C. N. Robertson, the owner of a large estate, real and personal, died testate, in De Soto county, Miss., in 1880. Among a large number of devises and bequests to his numerous children and grandchildren, the testator gave to his granddaughter, Margaret West, and her six minor children, one hundred and seventy acres of land in said county, and about $3200 in money. As to this, the will provided as follows: “ All devises and bequests herein to or for my granddaughter, Margaret West, are vested in my son Charles Henry in…
1Opinion of the CourtCampbell, J.
It was error to decree an investment of money in the hands of the trustee in which the infants had the remainder after the life estate of their mother. Passing by the question of power in the chancery court to permit such a conversion, under the circumstances of this fund, we fail to find any ground for the exercise of such power in its situation. The testator had devised land and bequeathed money in trust for the mother for life, with remainder to her children. No sufficient reason appears for defeating the testamentary scheme by converting the money, which was ultimately to go to the…
2Cited by1 opinion
- Clark v. FosterMississippi Supreme Court · 1915