Gordon v. McDougall
Mississippi Supreme Court
From the chancery court of Claiborne county. Hon. William 0. Martin, Chancellor. Exceptions by McDougall and others, appellees, to the accounts of Gordon, appellant, as administrator of the estate of J. H. Gordon, deceased, executor of the estate of L. N. Baldwin, deceased. From a decree for exceptors the administrator appealed to the supreme court. The will of L. N. Baldwin creates an express trust for the payment of debts. 8 Am. & Eng. Ency.
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From the chancery court of Claiborne county. Hon. William 0. Martin, Chancellor. Exceptions by McDougall and others, appellees, to the accounts of Gordon, appellant, as administrator of the estate of J. H. Gordon, deceased, executor of the estate of L. N. Baldwin, deceased. From a decree for exceptors the administrator appealed to the supreme court. The will of L. N. Baldwin creates an express trust for the payment of debts. 8 Am. & Eng. Ency. Law (2d ed.), p. 1083 ; Abbay v. Hill, 64 Miss., 340 (1 South., 484); Beach, Wills, secs. 245, 247; Morse v. Hackensack Sav. Bank (N. J. Err. & App.),…
1Opinion of the CourtWhitkield, C. J.
In July, 1893, L. N. Baldwin died, leaving a last will and testament, dated July 8, 1890, naming his friend, J. IL. Gordon, and his wife, Mary J. Baldwin, executor and executrix of his estate. That will is as follows:
“In the name of God — Amen: I, Lemuel N. Baldwin, of the town of Port Gibson, and state of Mississippi, of sound mind and disposing memory, do make, ordain, and publish this as my last will and, hereby annulling and revoking all wills heretofore made by me.
*718“Item 1st. I do hereby direct that all of my just debts be paid as soon as can be done without injury to my estate, and that…
2Cases cited5 opinions
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Byrd v. WellsMississippi Supreme Court · 1866
- Clark v. HornthalMississippi Supreme Court · 1872
- Abbay v. HillMississippi Supreme Court · 1886
- Perkins v. First National BankMississippi Supreme Court · 1902
3Cited by14 opinions
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- Estate of Boyd v. ThomasSupreme Court of Minnesota · 1925
- Tuckerman v. CurrierSupreme Court of Colorado · 1912
- Cudahy Packing Co. v. Miller's EstateMississippi Supreme Court · 1912
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