Perkins v. First National Bank
Mississippi Supreme Court
From the chancery court of Yazoo county. Hon. Edward Mayes, Special Chancellor. Mrs. Perkins, the appellant, was complainant in the court below; the First National Bank and others, appellees, were defendants there.
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From the chancery court of Yazoo county. Hon. Edward Mayes, Special Chancellor. Mrs. Perkins, the appellant, was complainant in the court below; the First National Bank and others, appellees, were defendants there. The bill alleged that the late Adolph M. Heath died seized and possessed of certain real estate in said county, which, by his will was devised to his wife, Emma Conn Heath; that under the provisions of said will complainant was given an annuity of |100 during the term of her natural life; that Emma Conn Heath sold said real estate to the defendants and left the state, and was now…
1Opinion of the CourtWhitfield, C. J.
The question is this: whether the legacy to the appellant is chargeable on the lands devised to the residuary devisee. The provisions of the will are: (1) I give and devise all my worldly estate of every kind to my wife, Emma Conn Heath, in fee simple absolute, with the exceptions hereinafter named. (2) I give to Mollie Peck Martin $10 to be paid by executrix out of any money left at my death. (3) I give to Delilah Perkins $100 per annum during the term of her natural life, the same to be paid by my executrix out of any money belonging to my estate. (4) I nominate and appoint my wife, Emma…
2Cases cited4 opinions
- Knotts v. BaileyMississippi Supreme Court · 1876
- Cady v. CadyMississippi Supreme Court · 1889
- Heatherington v. LewenbergMississippi Supreme Court · 1883
- Turner v. TurnerMississippi Supreme Court · 1880
3Cited by2 opinions
- Gordon v. McDougallMississippi Supreme Court · 1904
- Roberts v. BurwellMississippi Supreme Court · 1918