Phelps v. Harris
Mississippi Supreme Court
Appeal from the Chancery Court of Washington county. Hon. E. Stafford, Chancellor. The opinion of the court contains a sufficient statement of the facts in the case. The deed contained a power to H. W. Vick, the managing trustee, to “sell or exchange” and “reinvest in the same trusts.” The will gave to Vick the power to “ dispose of ” the property and invest for the benefit of the cestui que trust.
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Appeal from the Chancery Court of Washington county. Hon. E. Stafford, Chancellor. The opinion of the court contains a sufficient statement of the facts in the case. The deed contained a power to H. W. Vick, the managing trustee, to “sell or exchange” and “reinvest in the same trusts.” The will gave to Vick the power to “ dispose of ” the property and invest for the benefit of the cestui que trust. The first question presented is, whether a power to “ sell and exchange ’’and reinvest, etc., will authorize a partition. It is said that the early case of Abel v. Heathcote, 2 Ves. Jr., 98, held…
1Opinion of the CourtPeyton, C. J.
This was a bill filed by the appellants against the appellees, to remove a cloud from the title of Mrs. Phelps to certain lands therein specified, and to recover the rents, issues and profits thereof.
The cloud sought to be dispelled by the bill arises from the will of Henry G. Vick, by which he devises the lands in controversy to Helen S. Johnstone, who became the wife of George C. Harris. The validity of this devise depends upon a partition of property made between Henry W. Vick and Henry G. Vick, in the year 1858, upon which the lands in controversy in this suit were conveyed by the said…
2Cases cited2 opinions
- Huntington v. AllenMississippi Supreme Court · 1870
- Ezelle v. ParkerMississippi Supreme Court · 1867
3Cited by11 opinions
- Phelps v. HarrisSupreme Court of the United States · 1880
- Miles v. StrongSupreme Court of Connecticut · 1892
- Illinois Steel Co. v. SchroederWisconsin Supreme Court · 1907
- Root v. York Corp.Court of Chancery of Delaware · 1944
- Hart v. BloomfieldMississippi Supreme Court · 1888
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