Cohea v. Jemison
Mississippi Supreme Court
FroM the circuit court of the first district of Hinds county. The HoN. J. B. ChrismaN, Judge, being disqualified to sit in this case by reason of relationship to plaintiffs, C. M. William-SON, Esq., a member of the bar, presided by agreement of parties. In 1848 Perry Cohea died, leaving a considerable estate, consisting in large part of lands in and adjoining the city of Jackson, Miss. He left a will, which was duly probated, and by which he devised all of his estate.
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FroM the circuit court of the first district of Hinds county. The HoN. J. B. ChrismaN, Judge, being disqualified to sit in this case by reason of relationship to plaintiffs, C. M. William-SON, Esq., a member of the bar, presided by agreement of parties. In 1848 Perry Cohea died, leaving a considerable estate, consisting in large part of lands in and adjoining the city of Jackson, Miss. He left a will, which was duly probated, and by which he devised all of his estate. The land in controversy belonged to him, and this was an action of ejectment brought by the heirs-at-law of said Perry Cohea,…
1Opinion of the CourtCooper, J.
The general rule is that a devise of lands to executors to sell passes the interest in it; but that a devise that lands shall be sold by executors confers but a naked power. 7 Am. & Eng. Enc. Law, 275.
But in the absence of language conferring an estate upon the executors an estate by implication will arise where from the nature of the trust conferred, it is necessary that an estate should exist in the trustee for its execution; and where an estate is expressly given, it will be limited in duration to the trust to be performed, if a precise period for its termination can be shown. 3 Jarman on…
2Cases cited1 opinion
- Jackson ex dem. Hall v. BurrNew York Supreme Court · 1812
3Cited by2 opinions
- Whitfield v. ThompsonMississippi Supreme Court · 1904
- Cady v. LincolnMississippi Supreme Court · 1911